Heroux v. Atchison, Topeka & Santa Fe Railway Co.

Defendants appeal from a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries suffered in a collision between an automobile and locomotive.

(See illustration [page 403] for the photograph of the scene where the accident hereinafter described occurred.)

Viewing the evidence most favorable to plaintiff (respondent) the material facts are:

January 3, 1937, about 3 A. M., defendant corporation was operating a steam train with defendant Alverson as engineer. This train, which consisted of a locomotive and tender, two box cars and a caboose,…