Shepherd v. Chicago, Rock Island & Pacific Railway Co.

— Action to recover damages resulting from "a collision between a passenger train of' defendant company and an automobile driven by plaintiff. The other defendant was the engineer of the train. Judgment against both defendants for $8,000 for personal injuries and $800 for damages to the car. Defendants appealed.

The petition charged a violation of the humanitarian rule in that “the engineer saw and knew, or by the exercise of ordinary care, could have seen and known that plaintiff was in and going into a position of peril in time to have, by the exercise of ordinary care, prevented injury to…