Culhane v. . N.Y. Cen. H.R.R.R. Co.

Among other acts of negligence and carelessness leading to the collision and contributing to the injury complained of, the plaintiff charges in his complaint that the defendant negligently and carelessly omitted to keep or have a flagman, or watchman, or other person at the street crossing at which the collision and consequent injury to the plaintiff's horse and wagon occurred, to warn and signal people traveling with horses and vehicles of the approach of trains or locomotives.

Upon the trial evidence was given that there was no flagman or other person at the place designated, whose duty it…