Majority
p. 548Edward La Goy, as Administrator of the Estate of Nelson La Goy, Deceased, Appellant, v. The Director-General of Railroads, Respondent. (Argúed April 26, 1923; decided May 11, 1923.)
Headnote
Negligence — railroads — automobile struck by train at railroad crossing — contributory negligence.La Goy v. Director-General of Railroads, 204 App. Div. 849 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 24, 1922, affirming a judgment in favor of defendant entered upon an order of the court at a Trial
p. 549
Term setting aside a verdict in favor of plaintiff and directing a dismissal of tlie complaint in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The death of the plaintiff’s intestate resulted from a collision between an automobile in which he was riding, and one of the defendant’s trains, at a private crossing. This is the second action brought by the plaintiff against the defendant. The first action resulted in a nonsuit by the Trial Term, which nonsuit was reversed by the Appellate Division. The defendant then took an appeal to the Court of Appeals, and the Court of Appeals reversed the Appellate Division and sustained the trial court, holding that the plaintiff’s intestate was guilty of contributory negligence as a matter of law, and dismissed the complaint. (La Goy v. Director-General, 231 N. Y. 191 .)
John E. Judge for appellant.
John M. Cantwell and E. W. Lawrence for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Hogan, Cabdozo, Pound, McLaughlin, Crane and Andrews, JJ. Absent: Hiscock, Ch. J.
Cases cited
- LaGoy v. Director-General of Railroads 231 N. Y. 191 p. 549