Lindekugel v. Spokane, P. & S. Ry. Co.

At about 3 o’clock a. m. of June 20, 1931, a train consisting of an engine, a tender and a caboose operated by defendant collided with, plaintiff’s automobile at a place between Portland and Linnton where Ferry street crosses defendant’s railroad track. As a result plaintiff sustained personal injuries.

At the close of the testimony, defendant moved for a directed verdict in its favor upon the ground, among others, that the evidence established as a matter of law that plaintiff’s alleged negligence caused or contributed to cause the accident. The refusal of the trial court to grant this motion…