Danbois v. New York Central Railroad

All concur, except Williams, P. J., and MeClusky, J., who dissent and vote to reverse and to grant a new trial in the following memorandum: Defendant railroad company appeals from a judgment in favor of plaintiff, who was injured when his automobile ran into the side of one of the cars of defendant’s train at a grade crossing on a State highway. On the night in question, it was dark, raining and windy, but for at least 500 feet east of the crossing, from which direction the plaintiff was approaching, the highway was straight and level; there were signs facing the plaintiff’s approach,…