O'Connor v. New York Central Railroad — 185 A.D. 903

Majority

p. 903

Jeremiah O’Connor, as Administrator, etc., Plaintiff, v. The New York Central Railroad Company, Defendant.

Headnote

Plaintiff’s exceptions sustained, motion for new trial granted, with costs to plaintiff to abide event.

Held, that the court should have submitted to the jury the question whether the conductor was negligent in directing the engineer to move the standing train, without warning to plaintiff’s intestate, while the intestate was standing upon the fine of the track for the purpose of giving signals to Doody. All concurred.