James v. Delaware, Lackawanna & Western Railroad

The case was submitted as one of negligence, without objection and exception. The complaint was dismissed as to the railroad company and there is no appeal from that. The verdict was rendered against the county and the town and both are appealing, each on the ground that the negligence, which is conceded, is chargeable against the other, or the State, or the other and the State. It is not claimed that there was contributory negligence on plaintiff’s part.

On September 26, 1929, at about ten-fifteen p. m., while walking in a southerly direction on the easterly side of the bridge over the…