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White v. Erie Railroad

150 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1914-12-04 English

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p. 1118
WHITE, Respondent, v. ERIE R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
December 4, 1914.)

Headnote

Action by Jennie White, as administratrix, etc., against the Erie Railroad Company.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that if the train was going not to exceed six miles an hour as it approached and passed the crossing, as the jury must have found in view of the charge, the plaintiff’s intestate was guilty of contributory negligence as matter of law.