Guy A. Thompson, Trustee of the Missouri Pacific Railroad Company v. Joseph A. Cormie and Sarah B. Cormie

DAWKINS, District Judge.

Appellee 1 and her husband, Joseph A. Cormie, filed this action seeking damages resulting from a crossing accident with one of appellant’s 2 trains which occurred on December 6, 1951, in Lake Charles, Louisiana. The complaint alleged that appellee and her husband were traveling in a northerly direction along U. S. Highway 42, on a dark night, in an area unfamiliar to them, the automobile being driven by Mr. Cormie; that they did not realize they were approaching a crossing because of appellant’s failure to give “notice of such fact”; and that a slow moving switch…