Budkiewicz v. Elgin, Joliet & Eastern Railway Co.

This appeal is here by reason of four judges of the Appellate Court failing to concur. Section 4-209, Burns’ 1946 Replacement. It is from a judgment entered for appellee because appellant refused to amend his complaint after a demurrer for want of facts had been sustained thereto.

The complaint is for personal injuries sustained by appellant when his automobile collided with a freight train operated by appellee at a place where the railroad crossed Indiana Highway No. 149 at grade. The crossing was unlighted, not protected by gates, flasher lights or any other mechanical warning device, but…