New York Central R.R. Co. v. Casey

—The appellee brought this action to recover damages for injuries received when an automobile in which he was riding collided with a freight train moving across a highway. There was a trial, and judgment for the appellee for $10,000.

There is no substantial conflict in the evidence. In the dark, at about 3:00 o’clock in the morning, a Ford touring car occupied by ten men, including the appellee, who was not the driver, traveling westward upon U. S. Highway No. 50, collided with a freight train which was crossing over the highway, and in the collision the appellee received the injuries which…