Dupree v. Burlington-Rock Island R. Co.

•CODY, Justice.

This was a consolidated suit, consisting of a personal injury suit by W. I. Dupree against the railroad company for damages resulting from a collision at a railroad' crossing between the truck he was driving and a freight train, and of a suit by the owner of the truck so involved in said collision. A jury trial resulted in a verdict which convicted W. I. Dupree and the railroad company’s employees of negligence which proximately caused the collision, and the court rendered judgment that the plaintiffs “take nothing”. Upon the trial the plaintiffs, who had plead discovered peril…