REILLY v. NEW YORK CITY TRANSIT AUTH.


34 N.Y.2d 764 (1974)

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

Court of Appeals of the State of New York.

Decided June 5, 1974.


Attorney(s) appearing for the Case

John Van Voorhis, Joseph Lane and Peter M. Reilly for appellant.

John G. de Roos and John A. Murray for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.


MEMORANDUM.

Even if it be assumed that the decedent was contributorially negligent, under the clear and explicit charge of the court, in the light of the physical conditions at the scene of the accident and in reliance on the testimony of the professional safety engineer, the jury was entitled to find that the motorman had actual knowledge of the decedent's presence and predicament prior to the moment at which he testified...

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