Allen v. Omaha & Southern Interurban Railway Co.

This is an action to recover damages for personal in*222juries suffered by the plaintiff in a collision of his automobile with defendant’s train at a crossing of the public highway and the railway tracks of the defendant.

At the conclusion of plaintiff’s proofs, the defendant moved for a verdict in its favor, but did not press the motion ; decision was reserved until the end of the trial, when the motion was renewed and overruled. The trial resulted in a verdict and judgment for plaintiff, and defendant appealed.

The collision occurred in the open, comparatively level, farming country within the…