Thompson v. Norwood

This is an appeal from an order sustaining a motion for new trial. The plaintiff, Norwood, sued for damages for personal injuries and injury to his truck caused by a collision between his truck and a train of defendant in the town of Ft. Gibson. It appears from the record that plaintiff ran his truck into the side of the train as it was moving across the highway.

The act of negligence charged in plaintiff’s petition is that the defendant failed to provide at said crossing adequate warning -devices, and that such negligence was the proximate cause of the accident. The defendant answered by…