30 N.Y.S. 751 | N.Y. Sup. Ct. | 1894
The death of the plaintiffs’ intestate occurred at a highway crossing of the Rome, Watertown & Ogdensburgh Railroad, operated by the defendant, in June, 1892. He was riding in a wagon drawn by a pair of horses driven by him going east upon what is known as the “Braley Road,” which crosses at right angles a highway known as the “Randolph Road,” in the town of Wilson, county of Niagara. His team went upon the track of the railroad, which crosses the intersection of the two roads in a northeasterly and southwesterly direction. His wagon was struck, and he was killed, by a train from the southwest. The accident took place about 6 o’clock in the afternoon, and the