Thomas v. New York Central Railroad

The case was tried before the court without a jury. At the conclusion of plaintiff’s proofs, defendant moved for a directed verdict on the grounds of lack of negligence of defendant and of contributory negligence of plaintiff’s decedent. The term “directed verdict” is a misnomer on trial before the court but we apprehend it was used as a convenience to express the claim that, taking the facts most favorable to plaintiff, he was not entitled to recover. The court entered judgment for defendant.

Decedent and another woman, riding west in an automobile, were struck and killed by defendant’s train…