Seiwell v. Hines

Opinion by

Mr. Justice Schaefer,

From the refusal to take off a nonsuit, in an action brought to recover damages for personal injuries, sustained in a collision between the automobile he was driving and a train operated by defendant, plaintiff appealed.

On a clear day, plaintiff, driving a Ford roadster automobile, approached defendant’s single track railroad, on a highway, the grade of which ascended toward the track. When twenty feet distant therefrom, the automobile was stopped and observation made by the occupants of the motor, plaintiff and his father, to ascertain whether a train was…