Plaintiff's decedent was struck by a subway train as it approached the 116th Street station in Manhattan. Mr. Roseboro had descended onto the tracks in an attempt to evade an assault by three men who were subjecting him to a beating. The assailants were apprehended and convicted of felony murder in connection with the attack.
In this action seeking damages for wrongful death and for personal injury, the jury found that the failure of defendant's token booth clerk...
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