Hackett v. New York, Lake Erie & Western Railroad

The opinion of the court was delivered by

Beasley, Chief Justice.

This, is a suit to recover, damages, by virtue of the statute, by reason of a death resulting, as it is alleged, from the negligence of the defendant. *5There was a collision between a train of the defendant and a trolley car. in which the decedent was a passenger.

As a matter of course, the plaintiff at the trial undertook to prove that the accident had been occasioned by the omission on the part of the company of those precautionary methods that were requisite in order to give notice of the approach of its train to the public…