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HAYNES v. LONG ISLAND R.R.

52 A.D.2d 589 (1976)

Joyce Haynes, as Administratrix of The Estate of Leonard C. Haynes, Deceased, et al., Appellants, v. Long Island Railroad, Respondent

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

April 12, 1976

Judgment affirmed, without costs or disbursements.

The record on this appeal reveals that, on January 26, 1970, plaintiffs' intestate, a motorman for the New York City Transit Authority, was found sprawled near the Long Island Railroad tracks, with fatal injuries, which were presumably sustained in a fall. It can be deduced from the testimony that he left his train, which was located on the elevated tracks directly above...

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