New York, Chicago & St. Louis Railroad v. First Trust & Savings Bank

Appellee, as administrator of the estate of Charles W. McQuaid, deceased, recovered a judgment against appellant for $3,000 damages for causing the death of McQuaid when appellant’s train struck his automobile at a highway crossing. Overruling the demurrer to the complaint and overruling the motion for a new trial are assigned as errors.

The complaint alleged, in substance, that the plaintiff (appellee) was administrator, as stated above, and that the defendant (appellant) was operating a railroad, with locomotives propelled by steam, across a highway known as Kline avenue in the town of…