Delaware L. & W. R. Co. v. Rebmann

MANTON, Circuit Judge.

The parties herein will'be referred to by the designations used below; i. e., the plaintiff in error will be referred to as the defendant, and the defendant, in error as the plaintiff.

Philip Rebmann, plaintiff’s intestate, was riding on, but not driving, a motor truck on October 5, 1920, at about 8:15 a. m., and while crossing the defendant’s railroad tracks at Roosee highway, at North Darien, N. Y., the motor truck was struck by a west-bound express train and he was instantly killed. The truck was proceeding at about '4 to 5 miles an hour, while the express train was…