Doyel v. Thompson

Frank A. Thompson, as trustee of the St. Louis-San Francisco Railway Company, prosecutes this appeal from a judgment of $8,500 under the penalty section (Sec. 3652*), for the alleged wrongful death of Benjamin L. Doyel as the result of an automobile-train grade crossing collision, in favor of Howard Doyel, as administrator of the estate of said decedent. Plaintiff's action was submitted solely on defendant's failure to give the warning required by Sec. 5213, and defendant concedes plaintiff made a submissible case thereunder. Defendant contends that contributory negligence as a matter of law…