Kuchenreuther v. Chicago, Milwaukee, St. Paul & Pacific Railroad

The plaintiff’s complaint charges gross negligence in that the defendant injured the plaintiff by recklessly and wantonly striking with a train the automobile in which plaintiff was riding while it was crossing the track on which the train was running. The defendant pleaded in bar a judgment upon a directed verdict against the plaintiff, rendered in a previous action brought to recover for the same injuries inflicted by the same act of the defendant, wherein the plaintiff charged ordinary negligence. The facts involved under the plea in bar were stipulated. At the close of the testimony in…