Lashley v. Brooklyn & Queens Transit Corp.

258 A.D. 1088, 18 N.Y.S.2d 70, 1940 N.Y. App. Div. LEXIS 8991

Opinion

In an action for damages for death by wrongful act, neglect or default, defendant appeals from a judgment in favor of plaintiff entered on a jury verdict. Judgment unanimously affirmed, with costs. Plaintiff made out a prima Jade case, but, aside from that, the testimony of the motorman warranted a finding of negligence on the part of the defendant and took to the jury the question of contributory negligence by the decedent. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.