Burger v. T. Smith & Son, Inc.

REGAN, Judge.

Plaintiff, John F. Burger, the owner of an Oldsmobile sedan, instituted this suit against the defendants, T. Smith & Son, Inc., and its insurer, the Employers Group Insurance Companies, endeavoring to recover the sum of $303.80 representing property damage incurred on March IS, 1955, at 3:00 P.M. when plaintiff’s vehicle, while partially parked on a railroad track, was struck by an unattached railroad car, which was set in motion by the employees of Smith.

Defendants answered and denied that Smith’s employees were guilty of any negligence and that the damage incurred by plaintiff…