Albertson v. Wabash Railroad

BARRETT, C.

Felix Albertson was a guest in William F. Elam’s 1938 Plymouth sedan when it ran into an oil tank car standing on the Wabash crossing in Henrietta, a village in Ray County, about 11:20 p. m. on the 18th day of April 1947. To recover damages for his resulting injuries Albertson instituted this action against the Wabash Railroad and William E. Wolfe, a flagman. At the close of the plaintiff’s evidence the trial court directed a verdict in favor of Wolfe, and the plaintiff has appealed from that judgment. A jury lias found that Albertson’s injuries were proximately caused by [186]…