Appellate Division of the Supreme Court of New York, 1938

Cosentino v. Brooklyn & Queens Transit Corp.

Cosentino v. Brooklyn & Queens Transit Corp.
Appellate Division of the Supreme Court of New York · Decided May 20, 1938
254 A.D. 763; 4 N.Y.S.2d 625; 1938 N.Y. App. Div. LEXIS 7519
Cosentino v. Brooklyn & Queens Transit Corp.

Opinion of the Court

In an action to recover damages for death by wrongful act, neglect or default, it appeared that the decedent was struck by defendant’s trolley car while attempting to cross the street at an intersection at a time when the traffic lights were changing. Evidently the decedent was at about the center of the street at the time the traffic lights changed. The evidence presented a question of fact as to defendant’s negligence. Plaintiff had a verdict. Judgment rmanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ.

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