Loudy v. Union Pacific Railroad

This is an action at law to recover for damages to plaintiff’s automobile in a collision between it and a train owned and operated by defendant. Upon trial to a jury plaintiff was awarded a verdict and judgment. Defendant’s motion for new trial was overruled and it appealed to this court. There are numerous assignments of error but since our decision must be that the trial court erred in overruling defendant’s motion to dismiss or direct a verdict at the conclusion of plaintiff’s evidence it will not be necessary to discuss the other assignments.

Plaintiff’s petition alleged substantially that…