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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1946

StatusPublished

Cited by4 cases

This text of 270 A.D. 769 (Mikorski v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.]

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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.]

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Bluebook (online)

270 A.D. 769, 59 N.Y.S.2d 457, 1946 N.Y. App. Div. LEXIS 3877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mikorski-v-city-of-new-york-nyappdiv-1946.

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