Dwinelle v. U. P. R. R. Co.

THESE parties appear here in the same order as in the trial court. Plaintiffs in error, hereinafter referred to as plaintiffs, are the children and sole heirs of Fred R. Dwinelle, deceased, hereinafter referred to as Dwinelle. Defendants in error are hereinafter referred to as the company, Finn, and Cox, respectively. Finn was a motorman who operated a gas motorcar for the company over its railroad. Cox owned a truck operated over the highway by Walter Perry, hereinafter referred to as Perry.

One winter morning in 1936 while Dwinelle, with the consent of Cox, was riding as a guest in the truck…