New York Central Railroad v. Wagner

Appellee brought this action against appellant to recover damages for personal injuries allegedly sustained by her as a result of appellee’s husband, John Wagner, driving his automobile, in *516which appellee was an alleged guest passenger, “into the supporting post of a railroad viaduct over Chase Street, Gary, Indiana.” The accident happened at approximately 9:30 p.m. on September 24,1954.

From a verdict by a jury and a consistent judgment thereon in favor of appellee, appellant perfected this appeal, assigning error by the trial court in overruling the motion of defendant-appellant for a new…