
    Joseph A. Martin, Respondent, v. Erie Railroad Company, Appellant.
    
      Negligence —■ railroads —■ automobile struch'by train at railroad, crossing.
    
    
      Martin v. Erie R. R. Co., 206 App. Div. 767, affirmed.
    (Argued June 2, 1924;
    decided July 5, 1924.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1923, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover for personal injury and property damage sustained by plaintiff as the result of a collision between the locomotive of a passenger train of defendant and an automobile of the sedan type which was driven by plaintiff on December 3, 1920, over a highway crossing at grade at Washington avenue in the village of Suffern, New York. Plaintiff testified that as he approached the crossing he first looked to his right and seeing no train approaching he looked to his left. He then looked again to his right and saw the train fifty feet away at which time the front of his automobile was so near the main track that he was unable to stop at his speed of ten or twelve miles per hour, and, therefore, accelerated the speed of his automobile in an effort to pass in advance of the train.
    
      
      Elbert N. Oakes for appellant.
    
      Morton Lexow for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  