Allnutt v. Missouri Pac. R.

BOOTH, Circuit Judge.

This is a personal injury case in which the court below directed a verdict for the defendant at the close of the evidence.

Plaintiff in error, plaintiff below, while attempting to walk across one of the switching tracks of the defendant in the afternoon of the 19th of November, 1923, at a public crossing in the city of Morrillton, Ark., was struck by an engine pulling a train, and was injured.

Plaintiff alleged in his complaint that the defendant negligently failed to ring the bell or blow the whistle as the engine approached the crossing; negligently failed to keep a…