Pettibone v. Howard

Appellee recovered judgment on a verdict in an action for negligence on account of injuries received when an automobile which he was driving on U. S. Highway No. 36 collided with appellant’s passenger train, December 4, 1936, in the Town of Bainbridge, Indiana. Four errors are relied upon all presented by the motion for new trial; first, insufficiency of the evidence to sustain the verdict on the ground that it shows appellee to have been guilty of contributory negligence as a matter of law; second, submission to the jury of the issue of negligence in failing to maintain a watchman at the…