Martus v. Delaware, Lackawanna & Western Railroad

Titus, Ch. J.

The exceptions taken on the trial of this cause were sent to the General Term in the first instance, an entry of judgment being stayed in the meantime.

The action was brought to -recover, damages for 'the negligent killing of -the plaintiff’s intestate. The deceased was a motorman in charge of a Seneca street trolley car, and was injured by a locomotive engine- at the defendant’s crossing of Seneca street, in this city, on May 26, 1893, and died shortly after. ' At the time of the injury the deceased was going east on Seneca street with his car, and as .he approached the crossing…