New Orleans N.E.R. Co. v. Burge

Appellee, driving a motor truck, ran into the side of a freight train at a public crossing, and was injured, although not seriously. He brought an action against the railroad company charging that the locomotive whistle was not blown nor the bell run as the train approached the crossing.

The testimony to sustain • the stated charge is not strong, but we will assume that it was sufficient. The great weight of the evidence points to the conclusion as the more reasonable that appellee struck the caboose at the rear end of the train after the crossing had been occupied by some thirty-five freight…