New York Court of Appeals

Nancy Cordell v. the New York Central and Hudson River Railroad Company, Appellant

November 26, 187875 N.Y. 330

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the plaintiff failed to prove that the deceased exercised proper care at the railroad crossing and that the evidence established the deceased's contributory negligence. Accordingly, the plaintiff was nonsuited and a new trial was ordered.