
    William Leykauf, Respondent v. New York Central Railroad Company Appellant.
    
      Negligence — railroads — grade crossing accident — inability to see train on account of fog —failure to give warning of approach of train.
    
    
      Leykauf v. N. Y. Central R. R. Co., 209 App. Div. 895, affirmed.
    (Argued October 20, 1924;
    decided November 25, 1924.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 2, 1924, 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, while driving his automobile on a foggy night and intending to cross defendant’s tracks at a grade crossing in the village of Mt. Kisco ran through guard gates on to the tracks. His engine stalled and while attempting to start it he was struck by a train and received the injuries complained of. There .was testimony that by reason of the fog he could not see the guard gates or the approaching train and that no signal of its approach was given.
    
      Jacob Aronson and Alexander S. Lyman for appellant.
    
      Ralph G. Barclay, Jay S. Jones and Edward J. Fanning for respondent.
   Judgment affirmed, with costs; no opinion.

Concur:, Cardozo, Pound, Crane, Andrews and Lehman, JJ. Dissenting: Hiscock, Ch. J., and McLaughlin, J.  