Goldstein v. New York Central Railroad

In a negligence action to recover damages for wrongful death, defendant appeals from a judgment of the Supreme Court, Kings County, entered December 5, 1962 after trial, upon the verdict of a jury in plaintiff’s favor in the sum of $295,549. Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. Decedent was killed in a fall beneath defendant’s train as it was leaving the station at Yonkers, New York. He was seen running along the platform, toward the train, as it was beginning to move, but there was no direct testimony as to the actual happening…