Silva v. Penn Central Transportation Co.

In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Westchester *633County, entered November 7, 1979, which is in favor of defendants Penn Central Transportation Co. and Charles W. Fritz, upon a jury verdict. Judgment reversed, on the law, and, as between plaintiff and respondents, action severed and a new trial granted, with costs to plaintiff to abide the event. Plaintiff commenced this action to recover damages for the wrongful death of her intestate, who was struck and instantly killed by defendant Penn Central’s train, while he was on the tracks in the New…