Coleman v. New York City Transit Authority

A reversal and new trial is required here solely upon the ground that the trial court’s instructions to the jury with regard to the interest of witnesses and the issue of intoxication as contributory negligence were erroneous.

In this negligence action, the plaintiff sought to recover damages for severe physical injuries he sustained when he was struck by a New York City Transit Authority subway train while he was lying on the tracks at a station in the early morning hours on a holiday weekend. The plaintiff claimed that he had been assaulted and thrown onto the tracks while waiting for the…