Toomey v. New York City Transit Authority

In an action to recover damages for conscious pain and suffering, and for wrongful death, the appeal is from a judgment entered on the dismissal of the complaint, on respondent’s motion. The complaint sets forth three causes of action. The first two, for conscious pain and suffering based upon assault and negligence, were dismissed before the case was submitted to the *907jury. We are not concerned here with those causes of action. The third cause of action, for wrongful death, was similarly founded upon assault and negligence. The court held that the assault allegations had not been proven, and…