Walla v. Chicago, Burlington & Quincy Railroad

DELEHANT, Chief Judge.

Plaintiff seeks in this action to recover a judgment for damages by him allegedly sustained as the result of a crossing collision (which he attributes to negligence of defendant) between a motor truck owned and being operated by him and a locomotive owned by defendant and under the operation of its servants or employees. Defendant denies liability, generally tipon the basis of denial of negligence on its own part and of the averment of negligence by plaintiff as the proximate cause of the collision and damage.

The issue presently before the court arises in this manner.…