Chicago, Burlington & Quincy Railroad v. Troyer

The following opinion on rehearing was filed May 17, 1905. Former judgment of affirmance adhered to:

3. Contributory Negligence: Question eob Juby. Held, also, That the question of contributory negligence was for the jury, and that, under the facts and circumstances narrated in the opinion, it can not be said, as a matter of law, that the plaintiff was guilty of contributory negligence so as to preclude a recovery on the cause of action stated in his petition. 4. Instruction: Ereoe. Error can not be successfully predicated on the giving of an instruction which is similar, in substance, to one…