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SILVA v. PENN CENT. TRANSP. CO.

79 A.D.2d 632 (1980)

Helen Silva, as Administratrix of The Estate of Raymond F. Donahue, Deceased, Appellant, v. Penn Central Transportation Company et al., Respondents, et al., Defendants

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

December 8, 1980

Judgment reversed, on the law, and, as between plaintiff and respondents, action severed and a new trial granted, with costs to plaintiff to abide the event.

Plaintiff commenced this action to recover damages for the wrongful death of her intestate, who was struck and instantly killed by defendant Penn Central's train, while he was on the tracks in the New Rochelle train station. There was no evidence presented at the trial...

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