Latourelle v. New York Central Railroad

Plaintiff’s wife and mother, sole occupants of his automobile, were struck and killed by defendant’s train at an unguarded country crossing. At the conclusion of all of the evidence the Trial Judge dismissed the complaint.

The accident occurred at about half past four in the afternoon of a dull, dark, November day. The car, which was proceeding in a northerly direction, had stopped to permit an eastbound passenger train to go by. Thereafter, it was driven upon the crossing and was struck by a westbound train. There were no eyewitnesses surviving, other than the members of *125the two train crews.…