Zivkoff v. Pennsylvania Rd.

Plaintiff’s decedent was killed by defendant’s train, while driving an automobile across the Spring street crossing in the village of Loudonville. This action for wrongful death resulted. At the close of plaintiff’s testimony the court directed a verdict1 for the defendant. This appeal on questions of law results.

The basis of the court’s action was that, although the evidence showed the defendant guilty of negligence, it also showed the plaintiff’s decedent was guilty of contributory negligence which was a proximate cause of his death. The plaintiff claims that the evidence presented a jury…