Lucy v. St. Louis-San Francisco Railway Company

DAVISON, Justice.

This is an appeal by Otto C. Lucy (plaintiff below) from an adverse verdict in favor of St. Louis-San Francisco Railway Company and E. E. Davis (defendants below) in an action for personal injuries that plaintiff claims to have suffered as the result of a collision between the automobile he was driving and the switch engine of the railroad defendant, upon which the defendant Davis was working as fireman.

Plaintiff urges that the trial court erred in instructing the jury on unavoidable accident. This requires that the pertinent portion of the record be examined and considered…