Mills v. Dunn Bros.

This action presents an unusual situation. A fireman of a railroad locomotive seeks damages from the owner of a truck for personal injuries received in an intersection collision between the locomotive and *158the truck. Plaintiff appeals from a judgment entered on a jury verdict for defendant.

Plaintiff contends the trial court should have instructed the jury that defendant’s driver was negligent and that such negligence was a cause of the accident. No claim of contributory .negligence is made .by defendant against plaintiff. As a result of plaintiff?s contention, it is necessary to recapitulate…