Chesapeake & Ohio Railway Company v. Burk

*685Achor, J.

This case comes to us on petition to transfer from the Appellate Court, under §4-215, Burns’ 1946 Repl. See: Chesapeake & Ohio Railway Company v. Burk (1960), 165 N. E. 2d 616, for Appellate Court opinion.

This is an action for the alleged wrongful death of a truck driver whose truck collided with appellant’s freight train at a crossing at the town of Kewanna," Indiana. Trial was by jury and a verdict of damages was rendered in favor of the appellee. The Appellate Court affirmed.

One of the specific acts of negligence asserted by appellee in his complaint was the following:

“19. That…