Lampman v. New York Central &. Hudson River Railroad

Upon April 26, 1900, plaintiff was struck by one of defendant’s engines at a highway crossing in the village of Craryville, Columbia county, N. Y. That the defendant failed to give warning, either by bell or whistle, of the approach of this train to the crossing, is shown by the evidence of several witnesses, who swear positively that they were listening for such warning and heard none. The fact of the plaintiff’s freedom from contributory negligence was one for the determination of the jury within well-settled authorities. This judgment is sought to be sustained upon two grounds: First, that…