Flynn v. Long Island R.R. Co.

This is an action for wrongful death of plaintiff’s ntestate resulting from a railroad crossing accident. The com plaint was dismissed at the close of plaintiff’s case,- presumably upon the ground of contributory negligence on- the part of the intestate, and the Appellate Division has -unanimously affirmed.

On the morning of September 29, 1939, John E. Flynn, the deceased, was driving his employer’s truck westward along Long Island avenue or Brentwood road, as it is also known, near Bay-shore, Long Island. This road runs parrallel to a track of the Long Island Railroad, easterly and westerly,…