Perkins v. Terminal Railroad Assn.

We have come to the conclusion that the statement of facts and the ruling on the demurrer to the evidence of the divisional opinion by Commissioner Hyde are correct and will adopt the same without the use of quotation marks.

This is an action for personal injuries, sustained by plaintiff when a truck, driven by him, was struck by defendant’s train. The ease was submitted solely upon negligence under the humanitarian doctrine failing to sound an audible warning and to slacken speed. Plaintiff had a verdict and judgment for '$20,000. Defendant has appealed from this judgment.

Defendant contends…