Donahue v. New York Central & Hudson River Railroad

The special' ground of error assigned uppn the motion consisted in a misdirection of the. court to the jury respecting á question of law.. ■ The action was to recover damages for causing the death of plaintiff’s intestate; After the jury had .retired for deliberation they asked for further instructions, and, being brought into court, asked if defendant was responsible for the negligence of the fireman in not blowing *257the whistle when he saw these' men" approaching the tracks. The court replied: “Not necessarily; they are not compelled - either to blow the whistle or ring the bell, but it is…