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1. A railway company which negligently throws a passenger from a crowded car on a trestle is liable for injury to a relative who, in going to his rescue, falls through the trestle.

[See note on this question beginning on page 4.]

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APPEAL by plaintiff from an order of the Appellate Division of the Supreme Court, Fourth Department, overruling his exceptions and directing judgment on the verdict in favor of defendant, in an action brought to recover damages for personal injuries, for which it was alleged to be responsible. Reversed.

The facts are stated in the opinion Mr. Hamilton Ward, for appellant: It was error to hold as matter of law that the first accident, which resulted in the fall of Herbert Wagner, was not the proximate cause of the plaintiff's 19 A.L.R.-1.

of the court.

accident, and to refuse to submit to the jury the question of defendant's negligence in causing the first accident.

Gatens v. Metropolitan Street R. Co.

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