DORE v. LONG ISLAND RAIL RD. CO.


23 A.D.2d 502 (1965)

Mary Dore, as Administratrix of The Estate of Cornelius Dore, Deceased, Respondent, v. Long Island Rail Road Company, Appellant

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

January 25, 1965


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

The case having been given to the jury under the theories of ordinary negligence and the doctrine of "last clear chance," and the jury having returned a general verdict, both theories must be sustained by the evidence or the verdict must be set aside (Thomas v. Central Greyhound Lines, 6 A.D.2d 649, 653). We are of the opinion...

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