Horn v. Chicago, Rock Island & Pacific Railroad

The opinion of the court was delivered by

Price, J.:

This was an action to recover for personal injuries and property damage resulting from a collision of plaintiff’s automobile and defendant railroad’s passenger train. The engineer of the train also was joined as a defendant but for convenience they will be referred to in the singular.

Plaintiff appeals from an order sustaining a demurrer to his evidence.

The action was based — not on negligence — but solely on wantonness. During a discussion between court and counsel concerning the admissibility of certain evidence, counsel for plaintiff stated: