Robert Mohr, a Minor, by Chalmer Mohr, His Father, Etc. v. Toledo, Peoria & Western Railroad Company

SWAIM, Circuit Judge.

The plaintiff was riding in the cab of a closed truck driven by his father when it was struck by a freight, train. He sued the railroad company for the personal injuries which resulted. The negligence claimed was that the defendant railroad company failed to give plaintiff and his father adequate warning that a train was approaching the crossing, and that the train was being operated at an unreasonably excessive speed. The jury returned a general verdict for the plaintiff and awarded him damages of $10,000. On appeal the defendant claims that the lower court committed…