Kurn v. Jones

Plaintiff drove his automobile against defendant’s freight car standing on the railroad track at a highway crossing and brought this action to recover for the resulting damages to said automobile. Judgment was for plaintiff, and defendant appeals.

The accident occurred about 10 p. m. Plaintiff was aware of the presence of the freight train. As he approached the crossing he saw a boxcar on each side of the highway and assumed that the train had been cut to permit travel to continue across the railroad, but he failed to notice that the crossing was blocked by a flatcar coupled between the two…