New York Court of Appeals
Martha Ernst v. the Hudson River Railroad Co., Respondent
March 5, 186635 N.Y. 9
Summary
The Court reversed the nonsuit and ordered a new trial, holding that the railroad's failure to give statutory signals within eighty rods breached its duty, and that the deceased was not conclusively negligent; the question of negligence is for the jury. Justice concurred, emphasizing that both parties' negligence should be submitted to the jury.