Boscarello v. New York, New Haven & Hartford Railroad

The deceased was killed when the automobile in which he was riding as a passenger was struck by an engine of the defendant company at a grade-crossing. The plaintiff obtained a verdict and the defendant has appealed from the refusal of the trial court to set it aside, as well as from the judgment because of errors it claimed were committed in the course of the trial.

The defendant bases its appeal from the refusal of the trial court to set the verdict aside mainly upon the ground that the deceased was guilty of contributory negligence as a matter of law. Upon that issue the facts are…