McGrath v. . N.Y. Cen. H.R.R.R. Co.

The judge, on the trial, allowed the plaintiff to testify that, at the crossing where the injury happened, it had been the custom of the railroad company to keep a flagman, and that at the time of the injury in question there was no flagman there. The plaintiff crossed the railroad at this point frequently, and had seen the flagman at his post. The proof as to the flagman was objected to by the defendant, but it was admitted by the judge, as a circumstance bearing upon the plaintiff's negligence, and in his charge he stated to the jury that the evidence as to the flagman was only pertinent…