Bannister v. Illinois Central Railroad

Drs Graee,- J. —

The accident giving rise to the instant action happened December 21, 1921, on a street crossing in the town of Jesup, Iowa. The facts are not in dispute. The ruling of the court at the conclusion of plaintiff’s evidence relieved, the defendant from offering any testimony. The appeal presents but one question: Was the plaintiff guilty of contributory negligence, as a matter of law ?

The collision occurred on what is called the Eighth Street Crossing, located on the south side of the town. Eighth Street runs north and south, and the defendant’s railroad line east and west. The…