New York Central Railroad v. Milhiser

Appellee filed his amended complaint in one paragraph seeking a judgment in damages for personal injuries allegedly sustained in a railroad crossing accident which occurred about 3:30 P. M. December 19, 1945, when a passenger automobile operated by appellee, was struck on a public grade crossing in Marion County, Indiana, by a locomotive drawing a train of the appellant. It is alleged that appellant’s locomotive and train of cars was traveling westward on the north track of a double track railroad intersecting the north and south highway upon which appellee was traveling northward. It is…