Hofmann v. New York Central Railroad — 241 N.Y. 539

Majority

p. 539

John Hofmann, Jr., as Administrator of the Estate of Grace Hofmann, Deceased, Respondent, v. New York Central Railroad Company, Appellant.

Headnote

Negligence — railroads — death of driver of automobile through its being struck by train at grade crossing.

Hofmann v. N. Y. C. R. R. Co., 213 App. Div. 851 , affirmed.

(Argued October 14, 1925;

decided October 30, 1925.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1925, unanimously affirming a judgment in 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. Plaintiff while driving an automobile was killed through its being struck by one of defendant’s trains at a grade crossing in the village of Oakfield. There was evidence from which the jury could find that

p. 540

deceased slowed down to eight or ten miles an hour when approaching the • tracks, that she looked in the direction from which the train was coming but that obstructions prevented her from seeing it and that' no proper or adequate warning signals were given of the approaching train.

Howard R. Sturtevant for appellant.

B. J. Stedman for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Not voting: McLaughlin, J.