Union Pacific Railroad Company v. Shupe

Plaintiff in error was defendant in the trial court, and defendant.in error was plaintiff. We will refer to the parties as they there appeared.

This is an action for damages resulting from a collision of plaintiff’s truck with defendant’s locomotive.

Plaintiff in his complaint alleged that defendant negligently operated one of its locomotives in such a manner as to cause a collision and as a result thereof plaintiff suffered damage. Defendant in its answer denied negligence on its part; alleged that the damages, if any, were solely the result of plaintiff’s negligence; and also that if…