Masino v. West Jersey & S. S. R. Co.

WOOLLEY, Circuit Judge.

At the railroad crossing there was a hell designed to give warning of the approach of a train. There was, of course, a bell on the engine. In this suit for death at tho crossing, the testimony for the plaintiff was that neither bell was ringing; for the defendant, that both were ringing. Being within city limits, the engine whistle was not sounded.

The court charged the jury that it was the duty of the defendant to give adequate warning; that if it gave warning by either bell, that is, oven if the crossing bell, being out of order, was not ringing, yet the engine hell…