Hardin v. New York Central Railroad

Kiley, J.:

An appeal involving injuries arising out of this accident was before this court at a previous term. (Baesens v. New York Central Railroad Company, 201 App. Div. 191.) While the judgment given plaintiff was reversed we found affirmatively that upon the question of defendant’s negligence it was properly sent to the jury. Upon the trial of this case the plaintiff made out a stronger case. We have left the question of plaintiff’s contributory negligence. At the crossing where the accident occurred the railroad runs east and west and the highway crosses it at grade, running north and…