Gaard v. First Trust & Savings Bank

De GRApp, 0.

I. This is a railroad crossing case, but the railroad company is not a party in interest. The plaintiff, however, has introduced the railroad by reason of the logic of the written argument, in that it is contended that, had the defendants' decedent commenced an action against the railroad to recover damages predicated on the negligence of the railroad, the cause of action would fail by virtue of his contributory negligence; therefore, such contributory negligence became the primary negligence upon which plaintiff is entitled to base an action to recover damages against the…