W. H. Dill Co. v. New York Central Railroad

Headnote

Negligence, — railroads — crossing accident — motor truck struck by locomotive at street crossing.

Dill Co., Inc., v. N. Y. Central R. R. Co., 207 App. Div. 837 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 10, 1923, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages to an automobile truck which was struck by a locomotive of the defendant company in the city of Buffalo, at the point where Bird avenue crosses the railroad tracks of the defendant. It appeared that at a point approximately 130 feet from the crossing the track curves so as to shut off the view of an approaching train. There was evidence that the driver of the truck looked both ways when he was about 14 feet from the track; that he was driving about five miles an hour; that no crossing signal was sounded and that there was no flagman at the crossing though a city ordinance required that one should be kept there.