Louise Zucker, as Administratrix of the Estate of Simon Zucker, Deceased, Respondent v. Frederick W. Whitridge as…

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that the decedent was contributorily negligent as a matter of law and that testimony about his habitual care in crossing railroad tracks was inadmissible. The court emphasized the plaintiff's burden to show the decedent exercised reasonable care and rejected character evidence where eye‑witness testimony existed.