Miller v. Schenectady Railway Co. — 246 N.Y. 650

Majority

p. 650

Mattie W. Miller, as Administratrix of the Estate of George C. Miller, Deceased, Appellant, v. Schenectady Railway Company, Respondent.

Headnote

Negligence — railroads — motor vehicles — automobile crossing tracks, struck by trolley caí--complaint dismissed in action to recover for death of driver.

Miller v. Schenectady Ry. Co., 218 App. Div. 797 , affirmed.

(Argued December 2, 1927;

decided December 16, 1927.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1926, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate while driving his automobile across

p. 651

defendant’s tracks near stop 15 on the Albany-Schenectady road was struck by one of defendant’s cars and killed. The trial court dismissed the complaint on the ground that the evidence showed negligence on the part of intestate.

Walter A. Fullerton for appellant.

Daniel Naylon for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.