Kellogg v. . N.Y.C. and Hudson R.R.R. Co.

Upon the trial of this action the court denied the motion of the defendant to nonsuit the plaintiff upon the ground that the evidence failed to show any negligence on its part, and upon the ground that it did show contributory negligence on the part of the deceased.

The only negligence on the part of the defendant submitted to the jury was its omission to ring the engine bell at the crossing. While there was a great preponderance of evidence that the bell was rung, we cannot say that there was not some conflict in the evidence upon that question proper for submission to the jury. There was…