Wisniewski v. New York Central Railroad

Shortly after noon on September 2, 1927, Walenti Wyszynski, plaintiff’s intestate, was struck and killed by an eastbound passenger train of the defendant at the Dove street crossing in the city of Dunkirk. This action is. brought to recover the pecuniary damages which the next of kin claim to have sustained by reason of his untimely death. Plaintiff has recovered, and the defendant appeals.

•' The crossing in question was protected by gates. Decedent was walking southerly along the westerly sidewalk of Dove street, and had reached the third track from the north when the accident occurred.…