Bocock v. Wabash R.

SPARKS, Circuit Judge.

This is an appeal from a judgment for the plaintiff in a suit to recover for injuries received in a collision between an automobile and a freight train. The complaint was in four counts. The first alleged general negligence in the operation of the train and also averred negligence in the construction of the crossing in that the railroad had “elevated its right of way at the crossing * * * so as to require automobile traffic to ascend a steep grade in crossing said tracks.” The second count alleged a violation of the statutory duty to ring a bell or blow a whistle from a…