Judgment reversed, on the law, and a new trial granted, with costs to abide the event.
The appeal did not present questions of fact. Plaintiff's intestate died under the wheels of a subway train owned by defendant and operated by its employee, under circumstances which, it is claimed, amounted to actionable negligence on the part of the subway motorman under the doctrine of last clear chance. Plaintiff adduced proof that on January 30, 1963, at about 8:30 P.M., a...
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