Durkee v. Delaware & Hudson Railroad

The plaintiff seeks to recover for injuries sustained on January 16, 1933, in an accident at the so-called Pleasant Street grade crossing in the Village of Fair Haven. At the close' of the plaintiff’s evidence, the defendant moved for a directed verdict in its favor on seven grounds which may be summarized as follows: That the defendant was not guilty of negligence which proximately caused the accident, that the plaintiff was guilty of contributory negligence, that he assumed the risk, and that the evidence did not warrant the submission of the case to the jury on the last clear chance…