Appellate Division of the Supreme Court of the State of New York February 4, 1916 (Wild v. Erie Railroad)

McLaughlin, J.:

Action to recover $30,000 damages for personal injuries. The answer put in issue the material allegations of the complaint and set up as affirmative defenses (1) contributory negligence; (2) certain statutes of the State where the accident occurred; and (3) the common law of that State relating to recoveries for personal injuries by persons walking on or crossing railroad tracks.