Ellison v. New York City Transit Authority

OPINION of the court

Memorandum.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

Although there was sufficient evidence presented to support the trial court’s determination that defendant was negligent and should be held liable for plaintiff decedent’s injuries, the trial court improperly excluded evidence relating to the possibility of contributory negligence on the decedent’s part and stifled development of the record on that issue. A finding that the decedent was intoxicated at the time he fell from the subway platform to the tracks and thereby…