Day v. Flushing, North Shore & Central Railroad

Majority

p. 610

Catharine Day, Administratrix, etc., Respondent, v. The Flushing, North Shore and Central Railroad Company, Appellant.

(Argued December 2, 1878;

decided December 10, 1878.)

Headnote

Plaintiff’s intestate was killed at a crossing on defendant’s road. The evidence showed that the deceased had ample

p. 611

opportunity before crossing to see the approaching train in time to have avoided it. The trial court directed a verdict for defendant. Held, no error; the court citing Reynolds v. JST. Y. O. and H. R. R. R. Go. ( 58 N. Y., 248 ).

E. B. Hinsdale for appellant.

Roswell W. Keene for respondent.

reads mem. for reversal of order of General Term, and for judgment for defendant on verdict.

All concur, except Church, Ch. J., absent.

Order reversed and judgment accordingly.