Heiny, Admx. v. Pennsylvania R. Co.

This is an action for the alleged wrongful death of Harry Heiny, resulting from a collision between a truck which he was driving and a locomotive operated by the appellees over a highway crossing. At the conclusion of all the evidence, the trial court instructed the jury to return a verdict for the defendants. The giving of this instruction is the only error relied upon by the appellant.

One of the charges of negligence contained in the complaint was that the appellees failed to give the signals required by §§ 55-1243, 55-1244, Burns’ 1933, §§ 14557, 14558, Baldwin’s 1934, as the train…