Rhineberger v. Thompson

Appeal from a judgment for plaintiff for $15,000 for personal injuries. Plaintiff was injured when the 1929 Model A Ford Tudor sedan which he was driving and defendant's southbound Sunshine Special [67] train collided at a grade crossing at Silica, Jefferson County. Plaintiff's case was submitted to the jury upon primary negligence, common law and statutory, of defendant in failing to warn of the train's approach.

Defendant-appellant assigns error of the trial court in submitting plaintiff's case to the jury — defendant-appellant contends that, under the evidence, plaintiff was guilty of…