Hepps v. Bessemer & Lake Erie R. R.

Opinion by

Mr. Justice Schaerer,

Plaintiff appeals from a judgment overturning a verdict in his favor in an action for damages for personal injuries received in a grade crossing collision between a locomotive and an automobile in which he was riding.

There are two questions for determination. What was the relation of plaintiff to the driver of,the automobile? Was the collision due to contributory negligence?

The facts giving rise to the first question are not in controversy. Plaintiff was a butcher and having orders to deliver to customers living some distance from his place of business requested…