Dumala v. Long Island Railroad

Plaintiff’s intestate was killed by an oncoming freight train while he was crossing the defendant’s tracks on First avenue, Bay Shore, Suffolk county. The defendant at the close of the plaintiff’s case rested without offering any proof, and a verdict for plaintiff was rendered. There were three tracks, the most northerly of which was the one on which the freight train *288approached, going westerly. ■ The other two tracks were for passenger train traffic. The decedent was crossing the tracks from the south to the north. Just prior to his attempted crossing, a passenger train passed the crossing,…