Julia Ann Massoth v. the President, Managers and Company of the Delaware and…

Summary

The Court affirmed the judgment of the General Term, holding that the trial judge erred not by refusing to give a mandatory presumption that the deceased failed to look, but by correctly leaving the issue of contributory negligence to the jury. It also held that a municipal ordinance limiting train speed is admissible evidence of negligence but not a conclusive rule of law, and that the question of excessive speed and resulting negligence is a factual issue for the jury.