Toomer's Estate v. Union Pac. R. Co.

CROCKETT, Justice.

John T. Toomer was struck and killed by the defendant’s Streamliner train as he was crossing its railroad’s track at Cokeville, Wyoming in his pick-up truck at about 4:30 p. m. on May 1, 1950. His administrator recovered a judgment for the benefit of his widow and minor child from which defendant appeals. Two principal questions are presented: (1) Was there evidence from which the jury could find that the defendant was negligent which proximately caused the collision; and (2) Was the deceased guilty of contributory negligence as a matter of law?

The jury, having found the…