Dowd v. Brooklyn Heights Railroad

Action to recover damages for negligently causing the death of plaintiff’s intestate. On the first trial of this cause the complaint was dismissed on the ground that deceased was negligent, and that no negligence was shown on the part of the defendant. On appeal to the general term we reversed the judgment of the trial term, holding that a prima facie case of negligence had been made out against the defendant, and that the question of contributory negligence was for the jury to determine. Vide opinion, 29 N. Y. Supp. 745, 9 Misc. Rep. 279. On the second trial the jury, on all the evidence,…