Berk v. Arendts

— Two actions for damages, consolidated for trial, resulted from a crossing collision between a two-ton pickup truck and defendants’ train. Plaintiff’s decedent, Jason Jon Berk, referred to in the record as “Jon”, was killed. He was the driver of the truck. Plaintiff, Jason K. Berk, father of Jon and owner of the truck, was injured. Actions were brought against the railroad company and the train’s engineer. Trial to a jury resulted in verdicts for defendants.

Although Jason K. Berk appears in the two actions in different capacities we will refer to him as plaintiff.

As errors relied on for…