Polfer v. Chicago, Great Western Railroad

*315The opinion of the court was delivered by

Harvey, J.:

This is an action for damages to a motor truck injured in a collision with the defendant’s engine at the intersection of defendant’s tracks and Fifth street in Kansas City. The jury answered special questions and returned a verdict for plaintiff. Defendant has appealed.

Appellant’s principal contention is that the driver of the motor truck was guilty of contributory negligence as a matter of law. This question was presented to the court below by a demurrer to the evidence, by a motion for a directed verdict, and other appropriate motions.

Fifth…