WINGATE v. LONG ISLAND R.R.


92 A.D.2d 797 (1983)

Susan Wingate, Individually and as Administratrix of The Estate of John M. Wingate, Jr., Deceased, Appellant, v. Long Island Railroad et al., Respondents

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

March 17, 1983


The action was brought to recover damages resulting from the death of the decedent, who was killed under the wheels of a Long Island Railroad train at Jamaica station on July 10, 1978. At the close of trial, the court submitted a special verdict to the jury in this form and received these answers:

     "1.  Was the defendant Long Island Railroad negligent in
          this case and was such negligence the a proximate cause
          of the occurrence?      ...

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