Campbell v. Chicago, Burlington & Quincy Railroad

HYDE, Judge.

Action for $100,000.00 damages for personal injuries from a collision with the Railroad’s engine; verdict and judgment for defendants and plaintiff has appealed. The case was submitted on humanitarian doctrine negligence; and defendants’ brief contains no point claiming plaintiff failed to make a submissible case.

Plaintiff’s testimony was that he was driving south on Highway 161 about 2:00 P.M. on December 22, 1961, toward the town of Buell. The weather was overcast with mist but he had the window on the driver’s side open. He was not familiar with the road, but it was straight…