Chesapeake & Ohio Railway Co. v. Nickel

The defendant in error instituted an action by notice of motion against the plaintiff in error for damages arising out of a collision between a passenger train which was being operated by the plaintiff in error and a Chevrolet truck, which was being operated by the defendant in error. The collision occurred while the truck was “stalled” on a private crossing on the tracks of the plaintiff in error and it resulted in the complete destruction of the truck.

There were two trials of the case in the court below. The first trial resulted in a verdict for the plaintiff in error. The trial court for…