Gillies, by Next Friend v. N.Y.C.R.R. Co.

This action was brought to recover damages for personal injuries sustained by the appellant, Kenneth Gillies, as a result of a collision between appellant’s automobile and a train of the appellee át a railroad crossing of appellee’s tracks and Indiana State Highway No. 23, near the town of Walkerton, in St. Joseph County, Indiana.

The issues were formed by a second amended complaint of the appellant to which the appellee addressed a demurrer. The court sustained appellee’s demurrer. The appellant refused to amend his complaint or plead further and the court rendered a judgment that the…