Atchison, Topeka & Santa Fe Railway Co. v. Page

Page had a verdict and judgment in the Arapahoe county court against the defendant railway company in an action begun before a justice of the peace, for negligence which resulted in a collision and injury to plaintiff’s truck. The court denied a motion for a directed verdict; the company brings error. The negligence relied on was failure to ring the crossing bell or the engine bell or to blow the whistle. The facts are undisputed. The question argued is whether the plaintiff’s servant who was driving the truck was, under the evidence, guilty of contributory negligence. We think he was, and…