Brisette v. New York City Transit Authority

In an action to recover damages for wrongful death, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered November 12, 1970, in favor of defendant, upon the trial court’s dismissal of the complaint at the end of plaintiff’s ease upon a jury trial. Judgment reversed, on the law, and a new trial granted, with costs to abide the event. The appeal did not present questions of fact. Plaintiff’s intestate died under the wheels of a subway train owned by defendant and operated by its employee, under circumstances which, it is claimed, amounted to actionable negligence on the…