Miller v. Oregon-Washington Railroad & Navigation Co.

This suit concerns a railroad crossing accident. It was against the railroad company and the engineer in charge of the train which injured the plaintiffs. The jury brought in a verdict in favor of the engineer, and against the company for $3,500. After the verdict, the defendant company moved for judgment notwithstanding the verdict, contending that the evidence did not show any negligence upon its part, but did show, as a matter of law, contributory negligence on the part of the plaintiffs; and that, in any event, the judgment could not stand because of the *293release of the engineer by the…