Appellate Division of the Supreme Court of New York, 1934

Pockross v. New York, Ontario & Western Railway Co.

Pockross v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1934
242 A.D. 889
Pockross v. New York, Ontario & Western Railway Co.

Opinion of the Court

Judgment and order unanimously affirmed, with costs. Deceased was killed by defendant’s train at railroad crossing. Question raised, other than as to weight of evidence, was propriety of charge on the subject of contributory negligence and duty of defendant to give signals. Taken as a whole the charge fairly applied the law and did not mislead the jury. There have been two trials, each resulting in a verdict for defendant. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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