Cummings v. Grand Trunk Western Railroad

This is a wrongful death action to recover damages, for the death of a passenger riding-in a southbound- automobile struck by the steam engine of defendant’s westbound passenger train at a grade crossing. At the conclusion of plaintiff’s proofs the trial judge granted defendant’s motion for a directed jury verdict of no cause. Judge Dondero concluded that, while there was evidence that the railroad was negligent in maintaining an unauthorized and misleading warning sign near the crossing, whether such sign confused the driver of the automobile and thereby caused or contributed to the…