Delaware & Hudson Co. v. Van Derpool

WOOEEEY, Circuit Judge.

This is a grade crossing case. It was brought by the plaintiff against the Delaware & Hudson Company, a corporation of the State of New York, to recover damages for the death of her husband caused by a train, owned by the Delaware & Hudson Company, striking an automobile in which he was riding, at a time when the train was being operated over the tracks of the Napier-ville Junction Railroad Company, a corporation of the Province of Quebec. The action is based on negligence of the engineer in failing to give warning of the approach of the train. Proof that the Delaware…