Zuckerman v. New York Rapid Transit Corp.

Appellate Division of the Supreme Court of New York

Zuckerman v. New York Rapid Transit Corp.

255 A.D. 796, 7 N.Y.S.2d 130, 1938 N.Y. App. Div. LEXIS 5363

Appellate Division of the Supreme Court of the State of New York·Decided October 14, 1938·Published

Opinion

In an action to recover damages for death by wrongful act, neglect or default, it was claimed by plaintiff that as decedent was on the station platform about to become a passenger on an approaching train, he tripped or stumbled owing to defects in the platform and fell in front of the train and was killed. The defendant claimed that death was due to a deliberate act of self-destruction; and that there were no defects in the platform. The plaintiff had a verdict. Judgment unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.

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In an action to recover damages for death by wrongful act, neglect or default, it was claimed by plaintiff that as decedent was on the station platform about to become a passenger on an approaching train, he tripped or stumbled owing to defects in the platform and fell in front of the train and was killed. The defendant claimed that death was due to a deliberate act of self-destruction; and that there were no defects in the platform. The plaintiff had a verdict. Judgment unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.

Zuckerman v. New York Rapid Transit Corp., 255 A.D. 796, 7 N.Y.S.2d 130, 1938 N.Y. App. Div. LEXIS 5363 (N.Y. Ct. App. 1938).

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255 A.D. 796 (Zuckerman v. New York Rapid Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.