Meese v. Thompson

This is an action for damages for personal injuries sustained in a collision between plaintiff's truck and defendant's train. The case was submitted solely on negligence under the humanitarian rule. Plaintiff had a verdict for $10,000. Defendant has appealed from the judgment entered.

Defendant makes only one assignment of error, namely: That plaintiff's main instruction submitted failure to slacken the speed of the train, without substantial evidence on which to base such a charge of negligence. Defendant admits that plaintiff's evidence warranted his submission of failure to warn after…