John Dolan, Respondent v. the President, Managers and Company of the Delaware and Hudson Canal Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment, holding that the trial court correctly denied the defendant's motion for nonsuit, that the railroad company is liable for the flagman's negligence when it uniformly stations a flagman, that the plaintiff owed only ordinary vigilance and no duty to stop his horses, and that the trial court properly refused to charge the jury that belief in the flagman's testimony would preclude recovery.