Louisville N. R. Co. v. Reynolds

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellee was awarded judgment for $2500 for personal injury and damage to Ms automoMle, occasioned by the impact of the automobile with the side of a freight train standing on a crossing. The petition charged negligence on the part of appellant in leaving its train across the siding, and without clearance for the. passage of vehicles using the highway. Defense was a plea of contributory negligence.

Appellant stands squarely on its insistence that the proof of appellee was not sufficient to fasten negligence on appellant, and further shows…