Burkman, Exrx. v. Anderson

Opinion by

Mr. Justice Schaefer,

Elmer S. Burkman, while a guest in the automobile of the defendant, Walter C. Anderson, was killed when traversing a grade crossing of the Baltimore and Ohio Railroad Company, when the automobile collided with a freight train and was thrown by that train against a passenger train. The widow of Burkman began suit against Anderson, who, by writ of scire facias, brought the railroad company into the action as additional defendant. Pending trial the widow died and her executrix was substituted as party plaintiff. Verdict was recovered against both defendants and…