Ogburn v. Atchison, Topeka & Santa Fe Railway Co.

This is an action for damages for personal injuries received by the plaintiff in a collision between an automobile driven by her, and a railroad train operated by defendants. A nonsuit was granted by the trial court on the sole ground of the contributory negligence of the plaintiff, and the only question here presented is whether such negligence may be imputed to her as a matter of law, under the facts shown.

Viewing the evidence in the light most favorable' to appellant, the following facts appear: The accident occurred at a point where the single track of the respondent railroad crosses…