McCrimmon v. . Powell

The sole question presented on this appeal relates to the correctness of the ruling of the court below upon defendants’ motion to dismiss as of nonsuit at the conclusion of all the evidence.

As to the immediate circumstances of the collision the plaintiff testified, “I was well out on the first track when J saw the headlight of the approaching train, but I could not'tell which track it was coming on. ... As soon as I saw the train coming I tried to get across before it hit me, but I did not have time. . . . When I first saw the headlight of the approaching train I was well out on the first…