Plucker v. Chicago, M. & St. P. Ry. Co.

Appellant, plaintiff below, alleges he was seriously injured, and; his automobile completely destroyed by a collision with defendant’s train, on August 4, 1921.

He claimed damages to his person in the sum of $10,000, and to his automobile in the sum of $500.

On the trial plaintiff had a verdict and judgment against both defendants for $7,500.

Defendants were granted a new trial on the sole ground that;

“The evidence shows that the plaintiff was guilty of contributory negligence, as a matter of law, barring a recovery against the defendants in this action.”

From this order plaintiff appealed.

Tire…