Creten v. Chicago, Rock Island & Pacific Railroad

The opinion of the court was delivered by .

Fatzer, J.;

This was an action for damages arising out of the collision between a Rock Island passenger train and an irrigation pump mounted on a two-wheel trailer owned by the plaintiff, Arthur Creten. George Scott, Marvin LaRue, the Union Pacific Railroad Company and the Chicago, Rock Island and Pacific Railroad Company were named defendants. Service of summons was not made on Scott and neither he nor LaRue were operating the train at the time of the collision. LaRue’s demurrer to plaintiff’s evidence was sustained and the propriety of that ruling…