Rischeck v. Lowden

Plaintiff was injured when the small truck which he was driving was struck by one of defendants’ trains. He recovered judgment for $9000 for the primary negligence of defendants in failing to warn of the train’s approach.

The chief question for decision is whether plaintiff was guilty of contributory negligence as a matter of law so as to preclude any recovery on his part. It has become axiomatic, in determining this question, that the evidence for plaintiff must be accepted as true and plaintiff must be allowed tbe benefit of every reasonable' inference in Ms favor that may be drawn from all…