Kelsay v. Consolidated Rail Corp.

There was one very serious error at trial — the exclusion of the evidence of prior accidents at the grade crossing — and one lesser error — the giving of instruction 45; and together these errors are sufficiently prejudicial to require that the judgment for the defendants be reversed and the plaintiff be given a new trial. I agree however that the other claims of error should be rejected.

If because of such things as the angle of the tracks to the road, obstructions to the vision of people using the crossing, the amount of crossing traffic, and the frequency and speed of the trains at the…