HANDEL V. NEW YORK RAPID TRANSIT CORP.
13 N.E.2d 468 (1938)
NATURE OF THE CASE: This was a suit for wrongful death.
FACTS: Handel (P) was a police officer who had just finished his shift around 3:40 in the
morning on West Eighth Street. P was last seen by a fellow officer between 3:40 and 4:00.
Around 4:00, a Mrs. Ida Pfeifer at West Third Street was awakened by someone screaming near
the elevated train platform. She saw a train come to a stop, and something like a big bundle
fell from the side door. The screaming continued. Mrs. Pfeifer got on her robe and ran
outside and proceeded to the station and found P wherein P told Mrs. Pfeifer, 'Save me. Help
me -why did that conductor close the door on me.' Another witness, Leyton, was also present
and would have verified the statement. Police investigating the scene of the accident found
a show with laces broken out of it, wedged between the rail and a wooden beam about 1,000
feet distant from the Third Street Station entrance. The toe of the shoe pointed back toward
Eighth Street. Apparent shoe marks were also found. P was examined by a doctor and found to
be seriously injured and to have sustained numerous broken bones, a ruptured bladder, and
concussion of the brain and in profound shock. P died later in the day. The trial court
refused to admit the statements of P and at the close of evidence, the case was dismissed. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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