Hessner v. Delaware & Hudson Railway Co.

Memorandum. The order of the Appellate Division is affirmed, with costs. The record contains sufficient evidence to support the jury’s finding of negligence on the part of defendant in that the plaintiff operator and two disinterested witnesses testified that no bell, horn, whistle or warning was sounded as the train approached the crossing. It is noteworthy, indeed, that the sole dissenter at the Appellate Division found that the question of defendant’s negligence was properly submitted as a fact issue to be resolved by the jury. However, we are unable to agree with the dissenter that…