John A. Snead, Administrator of the Estate of Kermit Norma Elswick v. The New York Central Railroad Company, a Corporation

The accident happened under the most unlooked for and extraordinary circumstances. The heavy train of 76 freight cars, loaded with coal and drawn by a double unit Diesel engine, was proceeding on a slight upgrade at the rate of 15 miles per hour on a track which ran in a narrow space between a mountain on one side and a river on the other. The automobile had just fallen from the mountain side and lay on its right side between the mountain and the tracks, with its top extending a short distance over the rail next to the mountain. There was no access to the tracks from either side at the point…