Prater v. Louisville & Nashville Railroad

Plaintiff, G-eorge Prater, sued the defendant, Louisville and Nashville Railroad Company, Inc., for personal injuries sustained when the truck in which he was a passenger was struck by defendant’s locomotive near a highway crossing.

In the first count of the declaration the plaintiff charged the following acts or omissions of negligence:

1. Failure to sound bell or whistle in time.

2. Maintenance of a dangerous crossing.

3. Failure to keep proper look out.

4. Failure to apply brakes when obstruction appeared on tracks.

5. Failure to stop train after seeing plaintiff’s peril.

*86The second count of the…