Roche v. New York Central Railroad

This action was brought to recover damages for the death of plaintiff’s intestate while a passenger in an automobile owned by the defendant Blanche Warren which occurred at a grade crossing of the defendant New York Central Railroad Company, on one of the principal streets of the village of Fairport.

At the close of all the evidence the complaint was dismissed as against each defendant. Plaintiff appeals from the judgment entered in favor of defendant Warren on the nonsuit. There was no appeal from judgment in favor of defendant railroad company.

It is undisputed that defendant Warren was the…