Lake State Trucking, Inc. v. New York Central Railroad

— This is a consolidated appeal from a consolidated jury trial. Appellant, Baughman, had instituted suit against appellee, New York Central Railroad Company, for damages attributable to personal injuries resulting from a collision of a truck driven by Baughman with a New York *312Central passenger train. Appellant, Lake State Trucking, Inc., had filed a suit against appellee, New York Central, for damages to the truck growing out of the same collision. These complaints identically alleged various acts of negligence of appellee, of which one such allegation was “operating a train at a rate of…