Gelbin v. New York, N. H. & H. R.

MANTON, Circuit Judge.

Appellee’s intestate was killed on August 7, 1929, at a grade crossing in South Mill-brook, Dutchess county, N. Y., while proceeding in a westerly direction in his motorcar and while crossing the appellant’s railroad tracks, by a train proceeding in a northerly direction. The crossing is unprotected by signal bell, gates, or watchman. A controverted issue of fact arose as to the condition of the warning disc sign on the right-hand side of the highway as the appellee’s intestate was proceeding. It was located 292 feet from the near rail of the track. Appellee’s witnesses…