Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The court should have charged that, at a grade crossing, a railroad train has the right of way over an automobile on the intersecting highway (Caledonia Ins. Co. v. Erie R.R. Co., 219 App. Div. 685; 1 Encyclopedia, New York Law of Automobiles, § 851; 4 N. Y. Juris., Automobiles, § 543). The defendant...
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