Chicago, Burlington & Quincy Railroad Company, a Corporation v. Eldon Beninger

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by defendant railroad from a judgment for $17,908.00 entered against it on a jury verdict in favor of plaintiff, Eldon Beninger. Plaintiff’s action, predicated on defendant’s negligence, is for damages for injuries he suffered in a collision which occurred about 4 p. m. on December 13, 1961, between defendant’s train and an automobile driven by Alton Bruns in which plaintiff was a passenger, occupying the right front seat. The accident occurred at a point just north of Dunbar, Nebraska, where the railroad intersects Nebraska Highway No.…