William Link v. The Wabash Railroad Company, a Corporation

SCHNACKENBERG, Circuit Judge.

Plaintiff sued defendant in the district court to recover damages for injuries alleged to have been sustained by him when he drove an automobile into a collision with defendant’s train standing across a highway in Indiana. Defendant answered and later filed a motion for judgment on the pleadings and to dismiss the case.

The district court entered an order in favor of the defendant in accordance with its motion, from which order this appeal is taken.

The pertinent parts of the complaint, which were denied by defendant’s answer, are as follows:

“ * * * there was a…