
    Mildred R. Herniman, an Infant, by Mary Herniman, Her Guardian ad Litem, Respondent, v. The New York Central Railroad Company, Appellant.
    
      Negligence — railroads — recovery by passenger in automobile for personal injuries sustained through automobile running into freight train at railroad crossing.
    
    
      Herniman v. N. Y. C. R. R. Co., 175 App. Div. 911, affirmed.
    (Argued March 9, 1921;
    decided March 24, 1921.)
    Appeal from a judgment of the Appellate Division of —- - ■ ~ ~ ^ - ----- —¿r-----v entered October 24,1917, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff was a passenger in an automobile which ran into one of defendant’s freight trains at a railroad crossing in the village of Clarence. It was alleged by the plaintiff that the defendant was negligent in failing to have a flagman or gateman at'said crossing; failing to properly operate the gates, or to properly light said crossing gates and because of its failure to maintain a sufficient automatic bell or other mechanical device to give warning to travelers upon said highway of their approach to the crossing or the presence or passage of a train.
    
      Howard R. Sturtevant for appellant.
    
      Frank A. Abbott for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.  