New York Central Railroad v. Campbell

A jury has awarded plaintiff a verdict of $99,233.57. Defendants move for a new trial on the court’s minutes and grounds specified in section 549 of the Civil Practice Act, except insufficiency.

The railroad owns and operates a line running from Rochester to Syracuse, known as the Auburn line. It runs easterly and westerly, as a single track road from the village of Waterloo to the village of Seneca Falls. Midway between these two villages it is crossed at right angles by a county highway known as the Huff Creek Road. On the night of August 28, 1951, at about 10:30 p. m. daylight saving time,…