Interstate Motor Lines v. Neal

An action in tort for damages. Plaintiff in error was defendant, and defendant in error was plaintiff, below.

About seven o’clock P.M. on November 7, 1944, a freight train ran into defendant’s tractor and trailer at a railway crossing in Larimer county, Colorado. The locomotive was derailed and turned over, and both the engineer and fireman sustained personal injuries for which they brought separate suits and enjoyed favorable verdicts and judgments.

Plaintiff’s evidence indicated (defendant offered none) that the train, as it approached the crossing, was proceeding in a westerly direction at…