Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
This case was submitted to the jury upon two theories of negligence: (1) as to the operation of the train — that the railroad employees negligently failed to warn the engineer of the freight train of the presence of plaintiff's automobile upon the railroad tracks; that the engineer negligently failed to stop the train after he...
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