Dauphinee v. New York Rapid Transit Corp. ( 1942 )

No opinion. Johnston, Adel and Taylor, JJ., concur. Lazansky, P. J., and Close, J., dissent and vote to reverse the judgment and to grant a new trial in order to ascertain possible liability on the “last clear chance” theory, on the ground that there was presented a question of fact for determination by the jury as to the location of the decedent at the time the motorman saw him.