Armstrong v. Butte, Anaconda & Pacific Ry. Co.

Plaintiff has appealed from a judgment in favor of defendant after its motion for nonsuit was sustained. The action is for damages occasioned by the collision of defendant’s train with plaintiff’s automobile, driven by plaintiff at the time of the collision.

The complaint is grounded upon negligence on the part of defendant in running its train over the crossing without ringing a bell or blowing a whistle, and alleges that plaintiff in attempting to negotiate the crossing was proceeding “in a careful and prudent manner,” and “with ordinary diligence and prudence.” The answer may be termed a…