Hook v. Missouri Pacific Railway Co.

Appeal from Lafayette Circuit Court. — lion. Richard Field> Judge. It was error to refuse to grant defendant’s demurrer to tbe plaintiff’s evidence prayed at tbe close of plaintiff’s case, and to refuse to instruct tbe jury at tbe close of all tbe evidence that tbe plaintiff could not recover for the following reasons: (1) Plaintiff bad been familiar witb tbe crossing for many years, and well knew whatever obstacles or difficulties there were to bearing or seeing the approach of a train from tbe east. Notwithstanding this, bis own evidence shows that be did not come to a full stop to look and…