Judgment entered in plaintiff's favor unanimously reversed on the law and the complaint dismissed, with $50 costs to appellant.
Decedent, an employee at a subway news stand, was killed when struck by a train while he was leaning over the edge of the platform to observe a fire on the tracks. The court charged the jury on the elements of common-law negligence and last clear chance and instructed that liability could be imposed on either ground if the facts so warranted...
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