Leedom v. Pennsylvania R. R. Co.

Layton, Chief Justice:

The sufficiency of the third and fifth counts of the amended declaration is challenged by demurrer.

The third count alleges that on January 5, 1941, at one o’clock in the morning, the plaintiff’s intestate was driving an automobile in a northerly direction on New Castle Avenue, in the City of Wilmington, approaching the track of the *188defendant company known ¡as the Shellpot cut-off; that the intersection was highly dangerous by reason of certain obstructions to the view of travellers on the highway; that the defendant’s freight train was approaching the intersection in ah…