New York Central Railroad Co. v. Gardner

This is an action in which the appellant was charged in the court below with negligence in the operation of its railroad. The appellee, Nathan Gardner, by his complaint sought to recover damages from the appellant for personal injuries sustained by him in a crossing accident. This accident occurred about 3:00 A.M. on the morning of February 3, 1935, in the town of Maysville, Daviess County, Indiana, where U.S. Highway No. 50 crosses the right of way of the appellant’s railroad.

The complaint alleged nine separate acts of negligence on the part of the appellant, which acts of negligence may be…