Kinney v. Chicago Great Western R.

KENNAMER, District Judge.

Plaintiff in error sought the recovery of damages from the defendant, for injuries received at a crossing of defendant’s tracks, in the town of Eurora, Iowa, by reason of a collision of a locomotive and plaintiff’s truck. At the close of plaintiff’s testimony the trial court directed a verdict for the defendant, and the only error assigned and presented upon this appeal is the direction of the verdict.

The evidence adduced by the plaintiff is that, on the day of the accident, plaintiff, accompanied by a Mr. Berryman, who was seated beside him, was driving a Ford truck…