St. Louis, S. F. & T. Ry. Co. v. ALLEN

On July 29, 1920, a truck being driven by O. D. Allen came into collision with a motor car of the plaintiff in error at a public crossing of the railway track of the latter. In such collision said Allen was killed, and his widow brought this suit for damages. In view of another trial herein, we shall notice only the matter of the trial court’s refusal to submit certain special issues herein mentioned relating to the issue of contributory negligence on the part of Allen.

The plaintiffs in error, among other things, charged in their pleadings that Allen was guilty of contributory negligence…