MALONE v. NEW YORK CITY TRANSIT AUTH.


20 A.D.2d 768 (1964)

Huie Malone, Respondent, v. New York City Transit Authority, Appellant

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

March 12, 1964


Judgment for plaintiff-respondent, entered January 29, 1963, after jury verdict for plaintiff in the amount of $125,000, in action to recover for personal injuries based on negligence, unanimously reversed on the law and on the facts, with costs to defendant-appellant, the jury verdict vacated, and judgment directed for defendant-appellant.

If plaintiff was in the tunnel, it was not necessary for the train to have headlights to detect him, anymore than if he were...

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