Wilson v. Lehigh Valley R.

MANTON, Circuit Judge.

The appellee’s intestate was killed at the Getzville road crossing, northeast of the dty of Buffalo. Appellant’s two tracks cross this road at grade in a northwest and southeast direction. The deceased, in a Ford sedan which he was driving, with three others, proceeded in a southerly direction and was crossing the tracks when he was struck by a locomotive hauling a train of freight cars, and died as a result of injuries thus sustained.

The highway is substantially level, there being a slight grade on the tracks as they are approached from the highway, whieh crosses the…