New Orleans & N. E. R. v. Holsomback

Appellee, driving at night, attempted to cross the railroad at a public crossing and, immediately as he came upon track, the right front wheel of his automobile came off, thus leaving the car stalled on the tracks; and before the heavy machine could be removed it was struck by a southbound fast freight train.

Two issues of alleged negligence are presented for consideration :

First, it is alleged that the crossing was in such bad repair that this was the cause of the wheel coming off. The evidence strongly preponderates in the negative on nhis issue, but when we accept, as we must, that of the…