GOLDSTEIN v. NEW YORK CENT. R.R. CO.


19 A.D.2d 835 (1963)

Bertha Goldstein, as Executrix of Oscar D. Goldstein, Deceased, Respondent, v. New York Central Railroad Company, Appellant

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

October 21, 1963


Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event.

Decedent was killed in a fall beneath defendant's train as it was leaving the station at Yonkers, New York. He was seen running along the platform, toward the train, as it was beginning to move, but there was no direct testimony as to the actual happening of the accident. Plaintiff claimed that defendant was negligent with respect to the maintenance of the

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