Davis v. McCall

This action grows out of a collision on a grade crossing between an automobile and a steam railroad train. The plaintiff, Lena D. McCall, sued to recover damages-for personal injuries inflicted on her, and for the value of a one-half interest in the automobile owned by her. There was a verdict and judgment in her favor for $10,000.00 which we are now asked by the defendant to set aside.

Before stating the facts it is necessary to settle a question of pleading which has been raised, for if the contention of the plaintiff in error be sustained it will be unnecessary to decide the case on its…