Opinion
February 5, 1940.
Action for damages for wrongful death as a consequence of plaintiff's decedent being struck and killed by a trolley car, operated by the defendant, while the decedent was crossing Coney Island avenue, Brooklyn, between Avenue U and Avenue V. Judgment for plaintiff reversed on the facts and a new trial granted, with costs to abide the event. The verdict in favor of the plaintiff was against the weight of evidence, especially on the issue of contributory negligence. Carswell, Adel and Close, JJ., concur; Lazansky, P.J., and Johnston, J., dissent and vote to affirm the judgment.