Mikorski v. City of New York

Appellate Division of the Supreme Court of New York

Mikorski v. City of New York

270 A.D. 769, 59 N.Y.S.2d 457, 1946 N.Y. App. Div. LEXIS 3877

Appellate Division of the Supreme Court of the State of New York·Decided January 21, 1946·Published·Cited by 4 cases

Opinion

Action to recover damages for the wrongful death of plaintiff’s intestate, who was run over by a train of the defendant while it was entering a subway station. Although the ticket agent did not see decedent pass through the turnstile in front of the change booth, it is admitted he must have done so and then proceeded down the stairway leading to the station platform. The jury was free to find that the motorman was negligent in not observing decedent’s presence on the track, since on the motorman’s own admission he had a clear view for at least 430 feet and, according to plaintiff’s witnesses, for a much greater distance, and the train, at the speed at which it was then proceeding, could have been stopped within 120 feet. Judgment in favor of plaintiff unanimously affirmed, with costs. Present — Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ. [See post, p. 819.]

Free access — add to your briefcase to read the full text and ask questions with AI

Action to recover damages for the wrongful death of plaintiff’s intestate, who was run over by a train of the defendant while it was entering a subway station. Although the ticket agent did not see decedent pass through the turnstile in front of the change booth, it is admitted he must have done so and then proceeded down the stairway leading to the station platform. The jury was free to find that the motorman was negligent in not observing decedent’s presence on the track, since on the motorman’s own admission he had a clear view for at least 430 feet and, according to plaintiff’s witnesses, for a much greater distance, and the train, at the speed at which it was then proceeding, could have been stopped within 120 feet. Judgment in favor of plaintiff unanimously affirmed, with costs. Present — Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ. [See post, p. 819.]

Mikorski v. City of New York, 270 A.D. 769, 59 N.Y.S.2d 457, 1946 N.Y. App. Div. LEXIS 3877 (N.Y. Ct. App. 1946).

Pincite

270 A.D. 769 (Mikorski v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related