Moyers v. Chicago & Eastern Illinois Railroad

This is a crossing accident case involving a collision between a truck and a train in which the driver sustained injuries. A jury returned a verdict for $65,000 upon which judgment was entered, and the railroad brings this appeal.

The testimony in the case is highly conflicting; almost everything testified to by any witness was contradicted by others. The testimony of a number of witnesses for the defendant, if believed, would tend to prove contributory negligence on the part of plaintiff. In this state of the record, the defendant tendered the following special interrogatory:

“Do you. find…