Davis v. Margolis

This action is brought to recover damages for the instantaneous death of the plaintiff’s intestate which occurred in a collision at a grade-crossing of a steam railroad train with the automobile of defendant in which plaintiff’s decedent was a passenger. The case was tried to the court. The grounds of the appeal, though three in number, in fact are one, and all are based upon the conclusion of the court upon the facts found that “the defendant’s driver was proceeding as would the ordinarily prudent man under like circumstances at the time of the collision, and the defendant is not liable for…