Avery v. Union Pacific Railroad

The opinion of the court was delivered by

Greene, J.:

George Avery was run over and killed on a public crossing by one of the Union Pacific Railroad Company’s trains. A. J. Avery, as his administrator, sued to recover damages therefor. The court overruled a demurrer to the plaintiff’s evidence. The defendant introduced its evidence, and then upon its request the court directed the jury to find a verdict for the defendant, upon which a judgment was rendered.

The error assigned is that the court directed a verdict for the defendant and rendered judgment thereon. Numerous acts of negligence were…