Warner v. . New York Central R.R. Co.

The defendant's motion that the court direct the jury to find a verdict for the defendant was properly denied.

There was a conflict in the testimony whether or not the whistle was blown at all, or the bell rung, over the distance from the crossing prescribed by the statue.

Both the plaintiff and his son testified positively in the negative, and their testimony had some support form that of Mrs. Smalley to the same effect; and that there was no bell rung, from that of the witness, Hinckey.

The engineer and fireman both testified positively in the affirmative as to the ringing of the bell over the…