Blue v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Marshall, J.:

This is an action to recover damages for injuries sustained by the plaintiff in a crossing collision between a coal car being switched by the defendant and an automobile in which the plaintiff was riding and which was driven by her husband. The cause was submitted to a jury, which returned a verdict in favor of the plaintiff for $1,000 and answered special questions as follows:

“1. Was the driver of the automobile, C. M. Blue, intoxicated immediately before the collision? Answer: No.

“2. Was the plaintiff, Marguerite Blue, intoxicated…