Dunn v. New York Central & Hudson River Railroad

Majority

p. 932

Elizabeth F. Dunn, as Administratrix, etc., of Thomas Dunn, Deceased, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.

Judgment affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that in view of the defendant’s rules and orders and the signals given, and the unfamiliarity of the deceased with the road and conditions at the place of the accident, the question of contributory negligence, as well as that of the defendant’s negligence, was for the jury.