Mallory v. Pitcairn

Plaintiff appeals from a judgment for defendants rendered by the trial court sitting without a jury.

This case involves plaintiff’s claim for damages resulting from a collision between his automobile and a Wabash Railway Company train at the intersection of County street and the railway company’s tracks in or near the village of Milan. Such accident occurred about 11:15 in the evening of November 2, 1938. County street runs east and west and was tarvia surfaced. There were four tracks of the railway company crossing such street in a northeast and southwest direction. Viewing the intersection…