Wasmer v. . Del., Lacka. and West'n R.R. Co.

This is an action to recover damages for the death of the plaintiff's intestate, alleged to have been caused by the negligence of the defendant. The facts, as we must assume they were found by the jury, are these: The intestate, a man about sixty-seven years of age, was, on the day of his death, in Schuyler street, Utica, engaged in peddling kindling wood, with a horse and wagon, going northerly. The defendant's railroad track was laid through the centre of that street, upon its surface, the top of the iron rails being about four and one-half inches above such surface. There was no planking…