N.Y., C. St. L. Rd. Co. v. Van Dorp.

Plaintiff’s car was a 1924 model Ford sedan. There is evidence tending to show that no bell nor whistle was sounded as the train approached the crossing and, as the engine of the automobile continued to run, the inference arises that the sound made by an automobile of that age and make would drown the ordinary noise made by the approach of a train so that the driver would' have great difficulty in hearing it.

Interrogatories were submitted to the jury at the request of defendant and the jury found by its answers thereto that the engineer did not blow the whistle and ring the bell as required…