Pipes v. Missouri Pacific Railroad Company

LEEDY, Judge.

Action for damages for personal injuries sustained by Edward Pipes, a minor (who sues through his father as next friend), in a collision between the automobile he was driving and a 90-car freight train of defendant at a gradé crossing. Verdict and judgment for plaintiff for $70,000. Appealing, the railroad assigns error (1) in the refusal of its motion for a directed verdict at the close of all the evidence, which motion was based on the ground that plaintiff was contributorily negligent as a matter of law, and (2) in giving two instructions.

The petition did not charge negligence…