Maiorano v. Long Island R.R. Co.

This action was brought by the administratrix of the estate of Frank Maiorano, who was killed in a collision between an automobile, which he was driving, and a steam locomotive of the defendant, to recover damages for his death. The question in the case is whether or not Maiorano was so clearly shown by the proof to have been contributorily negligent that a dismissal of the complaint was properly granted.

The scene of the collision was a highway crossing of the defendant’s railway tracks by a highway known as Great Neck road. The highway runs north and south. The railway tracks extend easterly…