Zumault v. Wabash Railroad Company

STORCKMAN, Judge.

In this action to recover damages for personal injuries resulting from a collision between plaintiff’s automobile and defendant’s train, the plaintiff obtained a judgment for $17,500 in the Circuit Court of the City of St. Louis. On appeal the defendant presents the sole question of whether plaintiff was guilty of contributory negligence as a matter of law.

The accident occurred within the city limits of Wellsville, Missouri, at the Fifth Street crossing over defendant’s railroad tracks. The plaintiff was familiar with the crossing. He lived within two blocks of it and had…