Davis v. Bowman

Kirby J. Bowman was seriously injured when the automobile in which he was riding came into collision with a train operated by the Director General over the Southern railroad tracks at a highway crossing.

Bowman brought this action to recover damages for the injury to himself and his automobile. There was a verdict and judgment in his favor.and the defendant assigns error.

The decisive question in the case is whether we can say as a matter of law that the plaintiff was guilty of contributory negligence in approaching the crossing. There was evidence upon which the jury might properly have found…