Ward v. West Jersey & Seashore Railroad

The opinion of the court was delivered by

Gummere, J.

The declaration alleges that the plaintiff, while driving along a public highway at a point where it was crossed by the defendant’s railroad, was permitted, without warning from the defendant, to drive upon the crossing in the face of an approaching train; that the gates by which the crossing was protected were raised when he drove upon it, but were carelessly and improperly lowered by the defendant’s gate-keeper before he was able to pass entirely over, whereby he was subjected to great danger of being run down and killed by said train; and…