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WALKER v. NEW YORK CITY TRANSIT AUTH.

130 A.D.2d 442 (1987)

Shirley Walker, as Administratrix of The Estate of Calvin L. Toler, Jr., Deceased, Respondent, v. New York City Transit Authority, Appellant, et al., Defendant

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

May 28, 1987

This is a wrongful death action in which plaintiff's intestate 19-year-old son, Calvin L. Toler, Jr., was struck and killed at the above-ground Gun Hill Road station in The Bronx by a subway train owned by defendant New York City Transit Authority and operated by its motorman. In that regard, there was testimony at trial that the train proceeded into the station at an excessive rate of speed, that the station was well lighted and that the motorman could have stopped the train...

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