Wiley v. Long Island Railroad
New York Supreme Court
Appeal from circuit court, Kings county. Action by Mary Wiley, an infant, by John Wiley, her guardian .-ad litem, against the Long Island Railroad Company, to recover damages for personal injuries. From a judgment entered on an ■order dismissing the complaint at the close of plaintiff’s case, plaintiff appeals. Reversed.
1Opinion of the CourtPratt, J.
As a nonsuit was granted, the appellant has a right to claim that the testimony be regarded in the light most favorable to the plaintiff. It was shown that defendant’s train was backed towards the public crossing without a brakeman at the rear, and without notice by bell or whistle. The flagman or gate tender was absent from his post, and the position of the gates, if not an invitation to pedestrians to cross, was at least ambiguous. The negligence of defendant was clearly shown.
We do not see that the infant’s mother can be said to be negligent. She approached the crossing with care, leading…
Also in this document: Concurrence.
2Cases cited1 opinion
- Huerzeler v. . C.C.T.R.R. Co.New York Court of Appeals · 1893
3Cited by1 opinion
- Wiley v. Long Island RailroadNew York Supreme Court · 1895