Administrative

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

75 N.Y. 610·New York Court of Appeals·1878·NY

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Opinion

Catharine Day, Administratrix, etc., Respondent, v. The Flushing, North Shore and Central Railroad Company, Appellant. (Argued December 2, 1878; decided December 10, 1878.) Plaintiff’s intestate was killed at a crossing on defendant’s road. The evidence showed that the deceased had ample 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. [MAJORITY — Rapallo, J.,] Rapallo, J., 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.