Skelley v. New York, N. H. & H. R.

MANTON, Circuit Judge.

Appellant’s intestate was killed by a passenger train while crossing appellee’s railroad in a motortruck which he was operating at Lee’s Crossing at West Cornwall, Conn. The train was proceeding south at 35 miles per hour over a single track railroad. This crossing was unprotected by gates, bell, or flagman, although there was a warning sign positioned nearby. Deceased proceeded along a dirt road which paralleled the railroad track and turned into an inclined dirt roadway which crossed Lee’s Crossing at about 18 feet from the intersection of the dirt road over which he…