Storr v. New York Central R.R. Co.

Pound, Ch. J.

The action is brought to recover the value of an Omsteel platform trailer and Brockway truck which were struck by defendant’s locomotive while they were stalled on a public highway grade crossing at Orange-burg, New York, about four o’clock in the morning.

The plaintiff relied on two claims of negligence on the part of the defendant:

First, negligence in the maintenance of the crossing which caused the truck to stall on the tracks; secondly, negligence of the engineer in the operation of the train in not seeing the stalled truck and the warning signals of danger given by the…