Cunningham v. Thompson

VAN OSDOL, Commissioner.

Defendant has appealed from a $55,300 judgment for personal injuries sustained when the automobile driven by plaintiff on a gravelled county road was struck by defendant’s freight train at a point where the road crosses defendant’s track at grade about one-fourth mile south of Hughes-ville.

Although there were averments of primary negligence of defendant, as well as averments of defendant’s negligence under the humanitarian rule, the trial court at plaintiff’s request submitted plaintiff’s case to the jury solely on thé issues of negligence under the humanitarian rule…