CARLSON v. LONG ISLAND RAIL RD.


16 A.D.2d 937 (1962)

Dorothy Carlson, as Administratrix of The Estate of August W. Carlson, Deceased, Respondent, v. Long Island Rail Road, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 11, 1962


Judgment reversed on the law, without costs, and complaint dismissed.

Findings of fact implicit in the jury's verdict are affirmed. Decedent walked from a point about 15 feet outside the eastbound track of defendant railroad across the said track in the direction of the westbound track. Decedent was in the middle of the eastbound track when defendant's westbound train was 400 feet away, at which time defendant's engineer saw him. Decedent proceeded heedlessly to the...

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