Hellard v. Baltimore & O. R. R.

EVANS, Circuit Judge.

Plaintiff was seriously injured in a truck-train collision at Hamilton, Ohio, on September 25, 1940, at 1 P.M. To recover damages resulting therefrom, this action was begun. A jury trial was had and a verdict of $15,000 was rendered, for which amount judgment was entered. This appeal is from said judgment.

Defendant’s alleged negligence and plaintiff’s alleged contributory negligence supply the issues over which the outcome of this appeal turns. As to each of these two issues the defendant insists that no jury question was presented by the evidence.

Plaintiff was driving a…