Pollard v. Davis

HUTCHESON, Circuit Judge.

The suit was for damages suffered by appellee in a crossing collision between one of appellant’s locomotives and an automobile in which she was riding with her husband. The claim was that those operating the locomotive were negligent in backing over the crossing without giving the signals, and keeping the lookout due care demanded, and that this negligence, concurring with that of the driver of the automobile, was the proximate cause of her injury. Defendant, joining issue and pleading contributory negligence, there was a trial to a jury with a verdict for plaintiff.…