Hoyt v. Long Island Railroad Company
Margaret E. Hoyt, as Administratrix of the Estate of Harry F. Hoyt, Deceased, Appellant, v. Long Island Railroad Company, Respondent
Hoyt v. Long Island R.R. Co., 120 N.E. 860 (N.Y. 1918)
Summary
Appeal from a judgment, entered January 29, 1917, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate alleged to • have been occasioned through the negligence of defendant. The intestate while riding a bicycle across defendant’s track at Carlton avenue in the village of Central Islip was struck by a train and killed. The Appellate Division directed a dismissal of the complaint on the ground of contributory negligence.
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Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and McLaughlin, JJ.
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