Akers v. Norfolk & Western Railway Co.

Woods, Judge:

This is an action to recover damages for personal injuries and the destruction of an Esses coupe. Error is prosecuted to a judgment for the defendant, based upon a jury verdict.

It appears that plaintiff was attempting, in the nighttime, to cross defendant’s track, at a public railroad crossing, in the town of Giatto, Mercer County, when his automobile was suddenly struck by defendant’s train, consisting of a caboose, tender and engine, approaching the crossing in the order named. The highway crosses the track, which runs east and west through the town, at about right angles.…