Illinois Central R. Co. v. Maxwell

Opinion of the Court by

Stanley, Commissioner

Reversing.

Tbe appellee, Joe Maxwell, ran Ms automobile into a coal car standing across a highway and suffered personal injuries. His suit against the Railroad Company was submitted to the jury on the issue of whether it had been customary for the company to have a flagman or lighted flares at the crossing to give warning of the presence of trains or cars standing across the road at night and on this occasion it had not followed that custom. The issue of plaintiff’s contributory negligence was likewise submitted. The Railroad Company appeals an…