Osborn v. Wabash Railroad

Shortly before one o’clock in the afternoon of January 20, 1911, plaintiff’s husband, Ira B. Osborn, was struck and killed at a public crossing by one of defendant’s freight trains. This suit is to recover damages for his death upon the ground that it was caused by the negligent failure of those in charge of the train to give the statutory crossing signals. The answer, in addition to a general denial, pleaded contributory negligence. A trial was had resulting in a verdict for plaintiff in the sum of $3000. Defendant appealed, and the sole question presented is whether •defendant’s demurrer to…