Boyd v. McAdoo

Headnote

Negligence — railroads — trolley car struck by train at crossing — improper speed —failure to operate gates and give proper warning of approach of train.

Boyd v. McAdoo, 190 App. Div. 881 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1919, affirming a judgment ip favor

of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate was riding on the front platform of a street car going west on Broadway in the city of Kingston. While crossing the tracks of the West Shore railroad the car was struck by a locomotive and intestate received injuries from which he died. The complaint alleged that defendant negligently ran the train at a high rate of speed over the crossing and that it failed to operate the gates and failed to give reasonable and proper notice of the approach of the train.