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REILLY v. NEW YORK CITY TRANSIT AUTH.

42 A.D.2d 525 (1973)

Mary Reilly, as Administratrix of The Estate of John Reilly, Deceased, Respondent, v. New York City Transit Authority, Appellant

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

June 7, 1973

Plaintiff-respondent administratrix' decedent was struck by defendant-appellant's subway train while he was lying under the overhang of the platform in a station being entered by the train. He survived two days, and the verdict was for both wrongful death and conscious pain and suffering. Since there was no evidence whatever from which ordinary negligence might have been inferred, nor any as to how the unfortunate decedent came...

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