Buckner v. . R. R.

Civil action to recover damages for personal injuries. The issues submitted to the jury were answered as follows:

1. Was the plaintiff injured by the negligence of the defendants, as alleged in the complaint? Answer: Yes.

2. Did the plaintiff by his own negligence contribute to his injury? Answer: Yes.

3. Notwithstanding the negligence of the plaintiff, could the defendants have avoided the injury by the exercise of ordinary care? Answer: Yes.

4. What damage, if any, is the plaintiff entitled to recover? Answer: $5,500.

From judgment upon the verdict defendants appealed to the Supreme Court. On 17…