Silvey v. Lehigh & N. E. R.

MANTON, Circuit Judge.

On a clear day, at about 6 p. m., July 20, 1929, the appellee's intestate and the appellee' Louis Silvey were riding in a motorcar driven by the deceased on a public highway, Route 17, between Goshen and Middletown, N. Y. While crossing appellant’s railroad tracks, the motorcar came into collision with the appellant’s train. Benjamin Silvey was killed, and his son, Louis Silvey, was injured.

The railroad track runs east and west and the public highway runs in substantially tho same direction, but distant about 200 feet to the north and to the appellees’ right, as they…