Chicago & Erie Railroad v. Rans

Thompson, P. J. —

Appellee brought this action to recover damages on account of alleged injuries which he sustained at a crossing of appellant’s railroad, on a highway crossing near North Judson in Starke county, on July 5, 1923.

The suit was begun in the Fulton Circuit Court, and, on application, the venue was changed to Kosciusko county and the trial there held.

In his complaint appellee alleged, in substance, that he and his brother were traveling on said highway in an auto truck, in an easterly direction and approaching said crossing in a careful manner; that plaintiffs brother, Ezra Rans,…