Miller v. New York Central Railroad
Opinion of the Court
Defendant appeals from a judgment of Supreme Court, St. Lawrence County, in favor of the plaintiff entered upon an unanimous verdict of a jury for $30,700 in an action for wrongful death, and from an order denying defendant’s motion to set aside the verdict of the jury and for a new trial. Deceased was killed when his automobile, which he was driving across a grade crossing, was struck by defendant’s train. The principal issue litigated was whether or not the defendant gave adequate and timely warning of the approach of its train. Upon conflicting testimony this question was submitted to the jury, as was the question of the contributory negligence of the deceased. . On a previous appeal a majority of this court reversed a judgment in favor of the defendant and ordered a new trial, saying: “we are of the opinion that the weight of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.