Tomberlin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The following opinion was filed February 9, 1932:

(on motion for rehearing). On the 25th day of November, 1929, the infant plaintiff, Roy Tomberlin, *32was riding in an automobile driven by one John Cline on a highway in Price county, Wisconsin. As the automobile crossed the railroad track of the defendant, it was struck by one of defendant’s trains. The plaintiff suffered personal injuries and the driver of the automobile was killed. The widow of the driver, and the plaintiff, both commenced actions for damages against the defendant. They were tried in the lower court, and presented and argued…