Pliss v. Erie Railroad

We are in agreement, I think, that the verdict of the jury established the facts that the defendant had notice of the condition of the work at the crossing, and that the collision of the train with the truck constituted actionable negligence.

A majority of the court do not believe that the evidence is sufficient to show freedom from contributory negligence on the part of the plaintiff’s employee in charge of the truck. With this view I do not agree.

A railroad company has no right to construct its tracks across a highway except by legislative grant. (Railroad Law, § 8, subd. 4; Delaware, L. &…