Erie R. Co. v. Stewart

HICKENLOOPER, Circuit Judge.

Stewart, plaintiff below, was a passenger in an automobile truck, sitting on the front seat to the right of the driver, a fellow, employee of the East Ohio Gas Company. He recovered a judgment in the District Court for injuries received when the truck was struck by one of the defendant’s trains at the 123d street crossing in the city of Cleveland. Defendant maintained a watehman at this crossing, which wasi admittedly heavily traveled, but the watchman, was either within the shanty or just outside of it as the train approached, and he gave no warning until too late…