Chicago, Rock Island & Pacific Railway Co. v. Jenkins

Omer Jenkins drove an automobile, in which his wife was also riding, up the incline of a crossing’ over defendant railway company’s track, and just as he drove across the track and started down the opposite side of the crossing’ he met a truck owned by L. A. Lemons but' driven by an employee, and, to avoid the impending’ collision, he turned his automobile to the right and drove over to the extreme edge of the crossing. As he did this some of the earth of the crossing gave way, and the automobile turned over and fell some eight or ten feet into a borrow pit. Both Jenkins and his Avife were…