Capitula v. New York Central Railroad

Van Kirk, J.:

On a former appeal by this defendant this court expressed its views upon the law and the facts as then presented (200 App. Div. 247). There is little, if any, difference in the evidence, except that the plaintiff did not call the two experts used upon the former trial, but in place thereof did call one "witness, Dettman. Briefly, the intestate crossed open land, climbed the railroad embankment to the tracks and proceeded along the tracks to cross threé bridges, one seventy-eight feet, one one hundred and eight feet and one sixty-one feet in length. No public way led to the…