Herniman v. New York Central Railroad — 231 N.Y. 519

Majority

p. 519

Mildred R. Herniman, an Infant, by Mary Herniman, Her Guardian ad Litem, Respondent, v. The New York Central Railroad Company, Appellant.

Headnote

Negligence — railroads — recovery by passenger in automobile for personal injuries sustained through automobile running into freight train at railroad crossing.

Herniman v. N. Y. C. R. R. Co., 175 App. Div. 911 , affirmed.

(Argued March 9, 1921;

decided March 24, 1921.)

Appeal from a judgment of the Appellate Division of —- - ■ ~ ~ ^ - ----- —¿r-----v

p. 520

entered October 24,1917, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff was a passenger in an automobile which ran into one of defendant’s freight trains at a railroad crossing in the village of Clarence. It was alleged by the plaintiff that the defendant was negligent in failing to have a flagman or gateman at'said crossing; failing to properly operate the gates, or to properly light said crossing gates and because of its failure to maintain a sufficient automatic bell or other mechanical device to give warning to travelers upon said highway of their approach to the crossing or the presence or passage of a train.

Howard R. Sturtevant for appellant.

Frank A. Abbott for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.