Dore v. Long Island Rail Road

In a negligence action to recover damages for the wrongful death of plaintiff’s intestate, Cornelius Dore, the defendant railroad appeals from a judgment of the Supreme Court, Suffolk County, entered April 16, 1963 after trial, upon a jury’s verdict in favor of the plaintiff. Judgment reversed on the law and the facts, and a new trial granted, with costs .to abide the event. The ease having been given to the jury under the theories of ordinary negligence and the doctrine of “last dear chance,” and the jury having returned a general verdict, both theories must be sustained by the evidence or…