Appellate Division of the Supreme Court of the State of New York July 1, 1925 (Sacco v. Delaware & Hudson Co.)

Van Kirk, J.:

The action was brought under the Federal Employers’ Liability Act (35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143) to recover damages for the death of Luigi Sacco, alleged to have been caused by the negligence of the defendant. The appellant claims that the defendant was negligent in three respects:

1. “ The speed of the milk train was excessive.”

2.