Minard v. Brooklyn & Queens Transit Corp.

268 A.D. 870, 50 N.Y.S.2d 563, 1944 N.Y. App. Div. LEXIS 3972

Opinion

Appeal by plaintiff from a judgment dismissing the complaint at the close of plaintiff’s case in an action to recover damages for the alleged negligence of the defendant, which resulted in the death of the plaintiff’s intestate. Judgment unanimously affirmed, with costs. The doctrine of last clear chance is not applicable to the facts in this case. (Hernandez v. Brooklyn & Queens Transit Corp., 284 N. Y. 535.) Present — Close, P. J., Hagarty, Carswell, Adel and Aldrich, JJ.