Pockross v. New York, Ontario & Western Railway Co.

Appellate Division of the Supreme Court of New York

Pockross v. New York, Ontario & Western Railway Co.

242 A.D. 889

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1934·Published

Opinion

Judgment and order unanimously affirmed, with costs. Deceased was killed by defendant’s train at railroad crossing. Question raised, other than as to weight of evidence, was propriety of charge on the subject of contributory negligence and duty of defendant to give signals. Taken as a whole the charge fairly applied the law and did not mislead the jury. There have been two trials, each resulting in a verdict for defendant. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Judgment and order unanimously affirmed, with costs. Deceased was killed by defendant’s train at railroad crossing. Question raised, other than as to weight of evidence, was propriety of charge on the subject of contributory negligence and duty of defendant to give signals. Taken as a whole the charge fairly applied the law and did not mislead the jury. There have been two trials, each resulting in a verdict for defendant. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Pockross v. New York, Ontario & Western Railway Co., 242 A.D. 889 (N.Y. Ct. App. 1934).

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242 A.D. 889 (Pockross v. New York, Ontario & Western Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.