Davis v. Breckler

Arthur M. Breckler, a chemist, was • driving an automobile in Elmwood Place, on Janu*20ary 28, 1920, and, in attempting to cross the tracks of the O., C., C. & St. L. Ry. Co., his automobile was struck by an express train of the company and he was killed.

At the trial in the court of common pleas the jury returned a verdict in the sum of $15,000, and this proceeding is prosecuted to reverse the judgment entered on that verdict.

The negligence charged against the railroad company was that the train was being operated at a high and excessive rate of speed; that no warning was given by the engineer,…