61 Ind. App. 621 | Ind. Ct. App. | 1916
On September 4, 1911, appellee, as an invited guest of the owner and driver of an automobile, was being conveyed therein south on Capitol Avenue in the city of Indianapolis. The avenue runs north and south and crosses a number of railroad tracks known as the Union Railway tracks in the city. At the time appellant owned and was operating trains over and upon one of its tracks, and appellee while being so conveyed over the avenue and across such track was injured in a collision between one of such trains and the automobile. This is an appeal from a judgment for $2,500 recovered by appellee in an action brought
As the record comes to us no available error is presented by the exclusion of the offered evidence. Finding no error in the record the judgment below is affirmed.
Note. — Reported in 112 N. E. 251. As to imputed negligence, see 110 Am. St. 278. As to accidents to automobiles at railroad crossings, see Ann. Cas. 1913 B 680; Ann. Cas. 1915 B 767. As to imputation of negligence of dower of automobile to occupant, see 19 Ann. Cas. 1225.