Filkosky v. Pennsylvania Rd.

The petition in this case, an action for wrongful death occurring at a street crossing, alleges three specifications of negligence: First, that defendant negligently failed to give any signal of the approaching train; second, that defendant’s train was being operated at a high rate of speed, to wit, 60 miles per hour, in violation of the municipal ordinance; and third, that the crossing watchman failed to give decedent any warning or to use the stop sign in his possession to warn her of impending peril.

Defendant’s answer is a general denial and an averment that decedent’s injuries were…