Pockross v. New York, Ontario & Western Railway Co.

Judgment and order unanimously affirmed, with costs. Deceased was killed by defendant’s train at railroad crossing. Question raised, other than as to weight of evidence, was propriety of charge on the subject of contributory negligence and duty of defendant to give signals. Taken as a whole the charge fairly applied the law and did not mislead the jury. There have been two trials, each resulting in a verdict for defendant. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.