Opinion
March 15, 1944.
Appeal from Supreme Court, Madison County, Personius, J.
Upon the ground that the evidence failed to establish any actionable negligence on the part of the defendant and that plaintiff was free from contributory negligence as a matter of law. Plaintiff sued to recover for personal injuries he sustained when he drove his automobile onto a grade railroad crossing over a public highway and collided with the forty-seventy freight car of a train which defendant was then moving over it. Plaintiff was wholly familiar with the crossing. The night was foggy. Plaintiff testified he saw the pavement marking, warning of the crossing, which was fourteen feet therefrom and as well previous warning signs; that his visibility ahead of his vehicle was about five feet and that the sight of one eye was seriously impared.
Judgment affirmed, without costs. All concur.