William A. Houghkirk, as Administrator v. the President, Managers and Company of the Delaware and…

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial because the trial court erred by instructing the jury that the railroad owed a duty to station a flagman at the crossing, a duty the court held did not exist. The court also affirmed that the General Term retains authority to review verdicts for excessiveness under the wrongful death statute.