McPeake v. Grand Trunk Western Railway Co.

Plaintiff Frank E. McPeake owned an automobile insured by plaintiff company, and, the evening of November 8, Í925, while attempting to cross defendant’s railroad tracks, in the city of Charlotte, the automobile was struck and damaged by a train backing over the crossing. The automobile was repaired at an expense of $643.12, the repair bill paid by the insurance company, and an assignment of McPeake’s right of action against defendant taken by that company. This suit was then brought by McPeake and. the insurance company to recover the damage to the automobile. During the trial McPeake was…