Poehler v. Lonsdale and Kurn

This is an action to recover damages for personal injuries sustained by plaintiff in a collision of his automobile with a coal car in defendants' train.

The trial, with a jury, resulted in a verdict and judgment for plaintiff for $1896, and defendants appeal.

Error is assigned by defendants here for the refusal of their instruction in the nature of a demurrer to the evidence. The assignment is put on the grounds, (1) that the evidence as to defendants' negligence was insufficient to take the case to the jury, and (2) that under the evidence most favorable to plaintiff, and under the physical…