Ft. Worth & D. C. Ry. Co. v. Alcorn

The appellee, Alcorn, sued the appellant, the Ft. Worth & Denver City Railway Company, for the value of an automobile alleged to have been destroyed by the railway company, at a public crossing in the town of Wichita Falls. The jury found in favor of the plaintiff, and the appellant challenges the verdict of the jury and the judgment of the court, on the ground that the evidence is insufficient in that the undisputed testimony discloses that J. F. Alcorn, Jr., the person driving the automobile at the time of the collision, was guilty of contributory negligence.

“In order to test that question,…