
    Jennie Hollenbeck, as Administratrix of the Estate of Herman Hollenbeck, Deceased, Respondent, v. Pennsylvania Railroad Company, Appellant.
    
      Negligence — railroads — driver of motor truck killed by being struck by train at railroad crossing.
    
    
      Hollenbeck v. Penn. B. B. Co., 214 App. Div. 755, affirmed.
    (Argued October 14, 1925;
    decided October 30, 1925.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 20, 1925, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The death of intestate resulted from a collision between one of defendant’s trains and a truck that he was driving southerly along the Bowen road at a point where it crosses the tracks of the defendant near the Elma station. There wás evidence from which the jury could find that the train approached at a high rate of speed without warning signals and that the view of intestate in the direction from which the train approached was obstructed.
    
      Harold J. Adams for appellant.
    
      Dana L. Spring for respondent.
   Judgment affirmed, with costs; no opinion.

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