Mundt v. Chicago, Rock Island & Pacific Railroad

This is an action to recover damages for personal injuries; caused by a collision of plaintiff’s automobile and a train at a railroad crossing. The trial court sustained a motion of defendants for a directed verdict. Plaintiff appeals.

In reviewing this record, we have regarded as established *479every issuable fact, which the evidence in favor of the plaintiff proves or tends to prove. Petersen v. Ohio Casualty Ins. Co., 131 Neb. 128, 267 N. W. 393.

The accident occurred in the late afternoon of July 23, 1936. On that date, the weather was clear; the sun was shining; and what wind there was, was…