Smith Ex Rel. Smith v. Chicago, Burlington & Quincy Railroad

This case comes before us on the pleadings. A demurrer having been sustained to the petition. Plaintiff has appealed.

The pertinent part of the petition is as follows:

“5. That said highway number 80 runs due north and south in the vicinity of said crossing; that the defendant’s track crosses said highway in a northwesterly and southeasterly direction; that defendant’s car was headed in a northwesterly direction; that when the defendant’s motor car was close to the highway or upon any part of said highway the beam of its headlight was directed away from plaintiff as she approached said…