On October 2, 1963, Patrick La Rocco, a mechanic, was killed when his automobile was struck by appellant's Empire State Express at a private crossing while he was on his way to a customer's house to repair an automobile. Appellant makes no claim that the verdict was against the weight of the evidence, but contends only that the trial court's charge contained reversible error, and that the verdict was excessive. Appellant argues that the trial court should not have charged...
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