Koepke v. Miller

The action is brought by a guest, Koepke, against his host, Miller, and his insurer, to recover for injuries sustained by him in a collision of the automobile in which he was riding with a moving freight train at a railroad crossing, which injuries were alleged to have been caused by the negligence of Miller in driving the automobile.

The appellants contend in substance that the court erred, (1) in not submitting to the jury the issue of Miller’s negligence; (2) in not ruling that Koepke as matter of law assumed the risk of injury; (3) in not holding Koepke guilty of contributory negligence as…