John Beisiegel, Respondent v. the New York Central Railroad Company, Appellants

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that the common law does not impose a duty on railroad companies to station a flagman at street crossings absent statutory requirement and that the jury instruction limiting negligence to the omission of a flagman was erroneous. The court also affirmed that evidence of the plaintiff's earnings is admissible for damages and that the plaintiff's negligence was not conclusively established. Justice 040dissent dissented, arguing the instruction was proper, while Justice 030concurrence concurred in the reversal but emphasized the plaintiff's contributory negligence.