Adams v. Pennsylvania R.

KERNER, Circuit Judge.

The appellee, who was the plaintiff below, brought this action against the appellant to recover dafnages for personal injuries alleged to have -been received by him because of the negligent conduct of the appellant. The cause was tried to a jury, resulting in a verdict and judgment in appellee’s favor. Appellant’s motion for a new trial having been overruled, it now prosecutes this appeal.

One of the charges of negligence and the theory upon which the case was tried, was that Main Street in the town of North Judson, Indiana, where it crosses appellant’s railroad tracks,…