Chicago, Indianapolis & Louisville Railway Co. v. American Trust Co.

Action by appellee against appellant for damages to a motor truck caused by a collision of the truck with appellant’s locomotive and train, at a railroad and street crossing in the city of Rensselaer. It is alleged in the complaint that defendant was negligent: (1) In permitting certain freight cars to stand-upon a side track within a few feet of the traveled portion of the street at or near the crossing; (2) in failing to station a flagman at the crossing; (3) in failing, as required by statute, to sound the whistle of the locomo-' tive when not less than eighty nor more than 100 rods from…