Davis v. Schroeder

KENYON, Circuit Judge.

The parties for convenience will be designated as in the trial court. Near the intersection of Lindell boulevard and Union avenue, in the city of St. Louis, state of Missouri, the tracks of the Wabash Railway Company cross the boulevard. The railway company maintains and operates there the usual crossing gates for the purpose of warning persons approaching the crossing of the imminence of cars and locomotives. On the night of February 10, 1918, between the hours of 1 and 2 o’clock in the morning, plaintiff, with his brother, was in an automobile approaching the crossing…