Acker v. Union Pacific Railroad

The opinion of the court was delivered by

Porter, J.:

The action was for damages resulting from a collision between Acker’s truck and a Union Pacific train. A demurrer to the plaintiff’s evidence was sustained, from which he appeals.

The accident occurred at a country highway crossing and in broad daylight. Acker was employed to transfer certain household goods from Junction City to Manhattan on January 30, 1918. He was riding on the truck, which was being driven by Ellis, who was in his employ. Acker testified that when they came in sight of the crossing, about a mile therefrom, they saw two…