Wallace v. St. Louis & San Francisco Railway Co.

The plaintiff is the widow of W.’M. Wallace, deceased, who was killed at a railroad crossing in Caruthersville by one of defendant’s trains, and recovered a judgment for $5000. It is from that judgment defendant brings this appeal.

The only point of consequence relied upon is that the court erred in refusing to sustain a demurrer to the evidence at the close of the trial, and this because' the appellant contends the evidence shows that the deceased was guilty of contributory negligence as a matter of law. This necessarily requires a review of the facts of the case which are most favorable to…