Cunningham Hardware Co. v. Louisville N. R. Co.

The suit is for damages to a truck caused by collision with defendant’s engine at a street crossing.

Count 4 predicates liability on facts tending to show that defendant’s servant so negligently operated the engine in question as to collide with the truck of plaintiff at the time and place indicated. In counts A and B liability is sought to be predicated upon the facts that defendant maintained a flagman at the crossing and at the time the accident occurred; that said flagman signaled plaintiff’s driver to proceed to or upon the crossing, which 'signal plaintiff’s dl’iver relied upon,…