CARPINO v. BAKER


66 A.D.2d 201 (1979)

Angelina J. Carpino, as Administratrix of The Estate of Thomas J. Baldwin, Deceased, Appellant, v. George P. Baker et al., as Trustees of Penn Central Transportation Company, Respondents

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

January 30, 1979


Attorney(s) appearing for the Case

Burton D. Pomerantz of counsel (Morton & Pomerantz, attorneys), for appellant.

Robert M. Peet for respondents.

MURPHY, P. J., LUPIANO, SILVERMAN and EVANS, JJ., concur.


FEIN, J.

Plaintiff appeals from a judgment granting defendants' motion to dismiss the complaint following a jury trial in this action to recover damages for the wrongful death and pain and suffering of decedent, who was struck by a train owned and operated by defendants on December 19, 1972 at 5:50 P.M. in the vicinity of 241st Street, in The Bronx. The four-car train was a southbound, "deadhead express", bound...

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