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

After the bus left the roadway, the driver was unable to steer back onto the roadway. The bus partially overturned in the ditch and Zens was injured.

Zens claims that the acts or omissions of the Railroad and the Township, in combination with the driver’s negligence, caused or permitted the ditch to be reconstructed 18' to 20' closer to the roadway, at a depth of 9', with a nonrecoverable slope of 2:1. Zens proved that this reconstructed ditch did not comply with the A.A.S.H.T.O. standards that then existed and argues that it was reversible error to permit evidence of later standards to go to…