Tullish v. City of Corning

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: This ease was submitted to the jury upon two theories of negligence: (1) as to the operation of the train — that the railroad employees negligently failed to warn the engineer of the freight train of the presence of plaintiff’s automobile upon the railroad tracks; that the engineer negligently failed to stop the train after he knew or in the exercise of reasonable care should have known of the presence of plaintiff’s automobile upon the railroad tracks; that the train…