Torts · MBE-tested

Michael Madden, Administrator, etc., Respondent, v. The New York Central and Hudson River Railroad Company, Appellant

47 N.Y. 665·New York Court of Appeals·1872·NY

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Opinion

Michael Madden, Administrator, etc., Respondent, v. The New York Central and Hudson River Railroad Company, Appellant. (Argued January 19th, 1872; decided February 6th, 1872.) Plaintiee’s intestate was killed by the cars when attempting to cross defendant’s track upon a public highway. Defendant’s counsel asked the court to charge, “that if the jury believed that the deceased, before she reached the track, saw the train approaching, and notwithstanding this went upon the track, where she was hit by the car, she was chargeable with negligence and could not recover.” The court refused so to charge. Held, error. Samuel Hand for appellant. A. J. Parker for respondent. [MAJORITY — Peckham, J.,] Peckham, J., reads for reversal and new trial . All concur. Judgment reversed.