Carlson v. Erie R. R. Co.

Opinion by

Mr. Chief Justice Frazer,

This case was heard on reargument ordered before a full bench. The action, brought by a widow on behalf of herself and two minor children, is for recovery of damages for the death of her husband who was killed when the automobile in which he was riding was struck at a grade crossing by defendant’s locomotive. No affidavit of defense was filed. At the conclusion of plaintiff’s testimony, the trial court granted a compulsory nonsuit. The court below was of opinion that the negligence of the owner and driver of the automobile in failing to “stop, look and…