Smith v. Perkins

Lyle Brown, Justice.

The parties in interest on appeal are the appellant, Lorine Andrews Smith, Administratrix, and Chicago, B-.I. & P.R.R. Co., an appellee. Bussell C. Smith was fatally injured in a crossing accident at Carlisle. His administratrix brought suit against the railroad company, Noel Perkins, and Harold Snyder. A verdict was directed in favor of Snyder and Perkins was found to he free of negligence. The jury apportioned the negligence, 70% to the deceased, Smith, and 30% to the railroad company, which of course resulted in a judgment for the railroad. The solo contention on appeal…