Pennsylvania Railroad v. Sherron

The appellee sued appellant and recovered damages for personal injuries suffered as the result of a collision between a truck he was driving and a railroad train operated by the appellant at the intersection of its tracks and a county highway in Clark County, Indiana.

One of the five separate acts of negligence, alleged in appellee’s complaint (specification 10b) is:

“That with knowledge of all the facts contained in the allegations of Rhetorical Paragraph 4 hereof, said defendant negligently and carelessly failed to provide suitable and adequate means to warn operators of motor vehicles from…