Moudy v. New York, Chicago & St. Louis Railroad

Plaintiff obtained a verdict and judgment for $5,000 for injuries resulting from a collision between his automobile and defendant’s passenger train. Defendant appeals.

The charges of negligence were that defendant negligently permitted weeds and shrubs to grow on its right of way so that plaintiff in approaching the crossing in question was unable to see the approaching train, and that defendant ran its train on the crossing without blowing a whistle or sounding a bell as required by statute.

The first contention of the defendant is that the trial court erred in refusing to direct a verdict for…