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

I. This is a railroad-crossing case. The factual events to which the plaintiff’s cause of action relates call for the determination of the resulting liability, if any, of the defendant railroad. This case, like most cases of this character, presents a double aspect: (1) The negligence of the defendant; (2) the contributory negligence of the plaintiff.

The negligence alleged and submitted to the jury involves (1) the failure of the defendant to cause a bell on the engine (as required by statute) to be rung continuously from a point 60 rods south of the crossing where the collision occurred, and…