Chicago, Rock Island & Pacific Railroad v. Sparks

This appeal involves a daylight railroad-crossing fatal accident and the sole question is whether the negligence of the deceased exceeded the negligence of the railroad company.

The deceased, J. H. Harris, was killed between one and two o’clock P. M. on the 12th of December, 1950, while attempting; to cross the tracks of appellant company in Biscoe. The railroad track runs east and west, and deceased was driving north, slightly northeast, in his truck on the gravel highway No. 33, when the front of his truck struck the front end of appellant’s Diesel engine. The engineer on this engine…