Yearout v. Chicago, Milwaukee, St. Paul & Pacific Railroad

TAYLOR, Chief Justice.

About 6:00 p. m., June 20, 1956, a truck owned and driven by plaintiff’s (respondent’s) son, was struck by defendant’s (appellant’s) train at a crossing on U. S. highway 95A in St. Maries. Plaintiff was a passenger, riding in the cab of the truck on the righthand side. The train approached the crossing on a righthand curve and from the right side of the truck. Both truck and train approached the crossing at a low rate of speed, approximating four to five miles per hour. The truck had nearly cleared the crossing when it was struck near the right rear wheels. Plaintiff was…