Kelly v. Director General of Railroads

Opinion by

Me. Justice Frazee,

Plaintiff seeks to recover damages for the death of her husband, who was killed by one of defendant’s trains, which collided with an automobile deceased was driving over a grade crossing near Saybrook, Warren County, near noon on Augnst 10, 1919. The trial resulted in a verdict for plaintiff. Motions for a new trial and judgment for defendant non obstante veredicto were dismissed and defendant appealed.

Defendant contends the presumption that decedent exercised due care for his safety as he approached the crossing was rebutted by the positive testimony of an…