Chicago, Indianapolis & Louisville Railroad v. Freeman

Virgil Freeman was struck and killed in his automobile by one of defendant-appellant’s (Monon) trains. In a trial by jury his widow, the plaintiff-appellee (Freeman) received a verdict and judgment of $105,000.

Monon presents two errors for our consideration. The first is the giving of the following instruction:

“You are instructed that there was in full force and effect on the day in question a statute of the State of Indiana which reads as follows:

‘47-2114. Obedience to signal indicating approach of train. — Whenever any person driving a vehicle approaches a railroad grade crossing, the…