Dommer v. Pennsylvania R.

MAJOR, Circuit Judge.

This is an action by the administratrix of the estate of William L. Dommer to recover damages for decedent’s death, allegedly caused by defendant’s negligence at a railroad crossing in East Chicago, Indiana. Defendant denied the negligence and charged the decedent with contributory negligence which it claimed was the proximate cause of decedent’s death. The trial judge submitted the case to a jury, who returned a verdict in favor of plaintiff. From the judgment upon this verdict defendant has appealed.

The questions raised are (1) was decedent guilty of contributory…