Pennsylvania Railroad v. Rizzo

The appellee’s decedent was killed when the automobile in which he was riding was struck by appellant’s train at a grade crossing known as the German Church Road about three miles east of the city limits of Indianapolis, Indiana.

This is an action for damages alleged to have been caused by the negligent conduct of appellant in the operation of its train. There was judgment for the appellee.

The error assigned here is the overruling of appellant’s motion for a new trial. Specifications of the motion question the sufficiency of the evidence, the legality of the verdict, the giving and refusing to…