Brown v. Erie Railroad

Tlie opinion of the court was delivered by

Walker, Chancellor.

This was a suit for damages under the Death act. The disputed questions of fact were as to whether the view of the deceased was obstructed by freight cars at the crossing of the defendant company’s tracks where the accident happened; also, whether any warning was given of the approach of the train by bell or whistle; also, whether the crossing gates were up or down at the time. The case was submitted to the jury who found for plaintiff, and defendant appeals.

Tlie controverted questions of fact were involved in that of contributory…