Farden v. Great Northern Railway Co.

WILSON, Chief Justice.

Plaintiff appealed from an order denying his motion for a new trial after a verdict had been directed for defendant.

On October 19, 1931, at about two p. m. on a clear, quiet, dry day, plaintiff’s decedent, while driving his automobile, was struck by one of defendant’s gas trains, resulting in his instant death. The accident happened on a Gran street grade crossing within the limits of the village of Evansville, in Douglas county.

Defendant’s tracks run east and west, and Gran street north and south. Decedent was familiar with the crossing and had traveled over it…