Wabash Ry. Co. v. Walczak

HICKENLOOPER, Circuit Judge.

Appellee recovered a judgment in the court below for injuries sustained when the automobile in which he was riding was struek at a grade crossing in the city of Detroit by one of appellant’s trains. The only question of serious moment is whether the court below should have directed a verdict under the doctrine of Baltimore & O. R. Co. v. Goodman, 275 U. S. 66, 48 S. Ct. 24, 72 L. Ed. 167, 56 A. L. R. 645. The car belonged to and was being driven by an adult son of appellee, and there-was substantial evidence to the effect that, upon reaching the crossing, the…