Swigart v. Lusk

The plaintiff sues for personal injuries received in a collision with defendant’s passenger train while attempting to cross defendant’s railroad in an automobile at a grade crossing in the city of Joplin. Plaintiff, when injured, was traveling east on Eight Street, which crosses defendant’s tracks running northwest and southeast. The court sustained a demurrer to plaintiff’s evidence on the ground of his being guilty of contributory negligence as a matter of law and the correctness of this ruling is the sole question before us.

The train was approaching from the southeast and crossed Eight…