New York Court of Appeals November 27, 1877 (Dolan v. . Delaware and Hudson Canal Co.)

Church, Ch. J.

Our conclusions in this case are: 1st. That the nonsuit was properly denied. The evidence of an improper rate of speed was slight, but the evidence tended

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to show that the flagman, Avhich the company had uniformly kept at the Orange street crossing, and Avhich Avas required by the city ordinance, Avas absent from his post.