New York Court of Appeals
Daniel Warner, Respondent v. the New York Central Railroad Company, Appellant
May 6, 187144 N.Y. 465
Summary
The New York Court of Appeals reversed the judgment and ordered a new trial, holding that evidence of the flagman's prior intoxication was immaterial, that the jury should not be instructed that railroads and citizens have equal crossing rights, that speed alone does not establish negligence, and that the plaintiff must prove his own lack of fault. Justice Hunt dissented, arguing the verdict should be affirmed.