Appellate Division of the Supreme Court of New York, 1940

Lashley v. Brooklyn & Queens Transit Corp.

Lashley v. Brooklyn & Queens Transit Corp.
Appellate Division of the Supreme Court of New York · Decided February 26, 1940
258 A.D. 1088; 18 N.Y.S.2d 70; 1940 N.Y. App. Div. LEXIS 8991
Lashley v. Brooklyn & Queens Transit Corp.

Opinion of the Court

In an action for damages for death by wrongful act, neglect or default, defendant appeals from a judgment in favor of plaintiff entered on a jury verdict. Judgment unanimously affirmed, with costs. Plaintiff made out a prima Jade case, but, aside from that, the testimony of the motorman warranted a finding of negligence on the part of the defendant and took to the jury the question of contributory negligence by the decedent. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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