Chesapeake & O. Ry. v. Boston

This is an action by appellee against appellant to recover damages alleged to have been caused by the'negligent acts of appellant in backing a cut of railway cars across Brady Street in the city of Muncie, Indiana. The accident occurred at about 9:30 p.m. on November 8, 1940.

A directed verdict for appellant upon a former trial was reversed by the Supreme Court (223 Ind. 425, 61 N. E. 2d 326), and the cause was retried on an amended complaint in accordance with the views expressed by the Supreme Court. The appellee recovered a judgment for $5000 and, upon the overruling of appellant’s motion…