Hawley v. Davenport, Rock Island & Northwestern Railway Co.

Defendant is the owner of the tracks at the crossing in Bettendorf, Iowa, where the collision occurred between a Ruan Transport Corporation truck, driven by plaintiff, and a train of tbe Chicago, Burlington & Quincy Railroad Company, hereinafter, for convenience, called the CB&Q.

Defendant is alleged to have been negligent in failing to have a flagman or crossing gates or electric signaling or other reasonable protective device to warn of approaching trains. In addition to general denial it specially pleads res judicata and estoppel by judgment because of the result in a former action brought…