Royal Indemnity Co. v. Long Island Railroad

Plaintiff, assignee of a cause of action of a decedent’s dependents under section 29 of the Workmen’s Compensation Law, sues defendant for damages for decedent’s death claimed to be due to defendant’s negligence.

Decedent was driving an automobile in a northerly direction across defendant’s railroad tracks on Islip avenue in the town of Islip, Long Island, when he was killed as the result of a collision *254with the defendant’s express train going sixty-five miles an hour in a westerly direction. The collision occurred about four-fifty-five in the afternoon of November 28, 1936, while the deceased…