Elgin, Joliet & Eastern Railway Co. v. Scherer

A small Crosley pick-up truck owned and operated by appellee was struck by appellant’s railroad train. Appellee was injured and the truck was demolished. He filed his complaint in two paragraphs, one for personal injuries and one for property damage. The trial resulted in verdicts in his favor, upon which judgment was entered.

Appellant urges: (1) that appellee was guilty of contributory negligence as a matter of law, and (2) that the court erred in instructing the jury by giving the court’s instructions Nos. 1, 4 and 6, and in refusing to give appellant’s tendered instruction No. 25.

The…