Smith v. Chicago, Burlington & Quincy Railroad

Mitchell, J. —

This is a railroad crossing case in which the automobile,, in which Alfred Smith, plaintiff, was riding as a front seat passenger, collided with the side of a gasoline motorcar owned and operated by the Chicago, Burlington & Quincy Railroad Company, the defendant. This is the second time that this case has been before this court. The prior appeal involved only the question of whether the lower court was right in sustaining the demurrer of the defendant to the petition. See Smith v. Chicago, B. & Q. R. R. Co., 227 Iowa 1404, 291 N. W. 422.

In the case at bar the trial court…