Plaintiff was severely injured after he fell onto the subway tracks at the Eighth Avenue and 42nd Street station in Manhattan, and part of the first car of a southbound local train rolled over him. Plaintiff's theory was that he had become dizzy and fell off the platform in advance of a train entering the station, and the motorman had ample time to notice him lying unconscious on the tracks. Defendant's case was based on the equally plausible possibility that plaintiff, rushing...
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