Rochford v. Delaware, Lackawanna & Western Railroad

This action is brought in negligence, the complaint alleging that plaintiff’s intestate was riding a bicycle along a public highway in the village of Clayville, Oneida county, New York, and while passing over the tracks of the defendant was injured by reason of a defective condition of defendant’s railroad crossing, the injuries resulting in his death.

Defendant’s amended answer alleges that the death and any resulting damages were caused by reason of the fault or contributory negligence of plaintiff’s intestate and/or some third person or persons over whom defendant had and maintained no…