Jerrell v. New York Cent. R. Co.

L. HAND, Circuit Judge.

The plaintiff sued the defendant for injuries caused by a collision on January 3, 1932, between a motorear in which he was a passenger, and a freight train, at a grade crossing in the Province of Ontario. The ease was tried on the assumption that though a passenger, the plaintiff was equally responsible with the driver for the operation of the car, and we shall treat them as one. The car was going north on a main highway; the track ran at right angles and the train was bound east; both were moving at between thirty-ñve and forty miles an hour. The crossing was protected…