Tucker v. New York, Chicago & St. Louis Railroad

This is an action for personal injuries sustained by plaintiff when the truck he was driving collided with defendant’s freight train at a grade crossing. The jury returned a verdict for plaintiff in the sum of $12,250 and the trial court entered judgment thereon. The Appellate Court reversed this judgment on the ground that the trial court should have allowed defendant’s motion for a directed verdict because plaintiff was guilty of contributory negligence as a matter of law. We granted leave to appeal from the judgment of the Appellate Court.

The determinative question presented to us is…