Davis v. Slocomb

(after stating the facts as above). [1] Error is assigned to the denial of the defendant’s motion for an instructed verdict in its favor for the plaintiff’s failure to prove her allegations of negligence. There was evidence that the decedent, together with his son, 16 years of age, and another man, were riding in a Chevrolet roadster through the town of Monitor. All three knew how to drive automobiles. The decedent was familiar with the road as it passed through Monitor. Not long before the date of the acci*354dent, he had written to the railroad company, pointing out the dangers of the crossing,…