Jury v. New York Central Railroad

Opinion b?

Ross, J.,

This is an appeal by the plaintiff in a trespass action from the granting of a new trial after a jury verdict in his favor.

The action arose out of a railroad crossing collision between a truck owned and operated by the plaintiff and defendant’s train. The collision occurred on January 26, 1948. The plaintiff averred that as a result of defendant’s negligence he suffered personal injuries and damages to his 1947 Dodge truck. The jury returned a verdict in his favor for damages to the truck, defendant’s motion for judgment n. o. v. was refused but its motion for a new trial…