See v. Wabash Railroad

LEEDY, P. J.'

Action by Bertha See against Wabash Railroad Company and Andrew J. Richey, its locomotive engineer, to recover for the alleged wrongful death, of her husband, Alva, resulting from a truck-train collision at a railroad crossing. Verdict and judgment for defendants, and plaintiff appeals.

Abandoning all charges of primary negligence, plaintiff submitted the case solely upon humanitarian negligence in failing to slacken speed or to sound a timely and adequate warning. Tier assignments on this appeal relate exclusively to the giving of certain of defendants’ instructions. Defendants…