Chamberlain v. Lehigh Valley Railroad

Hinman, J.:

The appeal involves a grade crossing accident and the sole question is whether the plaintiff’s intestate, as a matter of law, was chargeable with contributory negligence barring a recovery by the plaintiff. It is well settled of course that the burden of proving contributory negligence rests upon the defendant (Code Civ. Proc. § 841-b, as added by Laws of 1913, chap., 228) and that the plaintiff is entitled" to the most favorable inferences that may be drawn from the testimony.

The deceased, on and prior to the 1st day of November, 1920, the date of the accident, was the owner of an…