Hatch v. New York Central & Hudson River Railroad

Kellogg, John M., J.

This is a motion upon the minutes of the court to set aside a verdict of $5,000, for the death of the plaintiff’s intestate. Where Congress street crosses the four tracks of the defendant in Schenectady, the tracks are in a cut in a side hill and the street comes onto the tracks through another cut, so that a person traveling south upon the street cannot see the railroad to the east or west of the crossing until within about seventeen feet of the nearest track. The nearest rails in tracks three and four are seven feet apart. The plaintiff’s intestate crossed the fourth or…