New York Court of Appeals

Wilds v. . the Hudson River Railroad Company.

June 5, 186224 N.Y. 430

Summary

The Court held that the plaintiff could not recover because the deceased was negligent in crossing the tracks, and the railroad company was not negligent; therefore the Supreme Court judgment was reversed and a new trial was ordered. Justice Sutherland dissented, arguing that negligence questions should be decided by the jury.