Kinney v. New York Central & Hudson River Railroad

185 A.D. 903 | N.Y. App. Div. | 1918

Held, that the court erred in charging the jury that if Kinney was uncertain as to whether Mullen’s signal meant a stop signal or a come ahead signal, the failure of Kinney to stop before passing the dwarf must be considered contributory negligence which was the sole cause of the accident and which bars a recovery. All concurred.