Davitt v. Chicago Great Western Railroad

I. Action by Mary Davitt, as guardian of Phillip Davitt, for damages resulting from the striking of a team of horses and buggy by a train of the defendant. There was a trial to a jury, resulting in a verdict and judgment for the plaintiff, from which the defendant appeals. Appellant presents no error as against the finding of negligence on its part, but insists that the record affirmatively shows contributory negligence on the part of the driver of the team; and this is the only question presented by the appeal. The evidence material to that inquiry is in substance as follows: The crossing…