Rusczck v. Chicago & Northwestern Railway Co.

So far as the special verdict is concerned, the judgment in plaintiff’s favor in each of the two causes of action must be based upon the conclusion reached by the jury and approved by the trial court that there was negligence by defendant’s flagman at the west end of the crossing in his failure both to signal and to warn the driver of the automobile of the danger from the approaching train from the south at the easterly end of the crossing, because there was an express finding, not challenged by plaintiff, that there was no negligence in the crew of the train striking the automobile and no…