Boyd v. McAdoo

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1919

Appellate Division of the Supreme Court of the State of New York · decided 1919-11-15

John M. Kellogg, P. J. (dissenting): The intestate, a policeman, while riding on the front platform of a trolley car, was killed by a collision between that car and an engine upon the defendant’s road. The principal question litigated was whether the defendant was negligent in the management of the gates at the crossing, the plaintiff alleging that the gates were not lowered, while the defendant claimed to the contrary.

Decided 1919-11-15

¶1Third Department,

¶2Railroad — negligence —failure to call witnesses.

¶3Appeal from a judgment of the Supreme Court, entered in the office of the clerk of the county of Ulster on the 31st day of January, 1919, upon the verdict of a jury for $8,000, and also from an order entered on the 11th day of February, 1919, denying the defendant’s motion for a new trial made upon the minutes.

¶4Judgment and order affirmed, with costs. All concur, except John M. Kellogg, P. J., dissenting, with a memorandum, in which Lyon, J., concurs.