Baltimore & Ohio Railroad v. Daugherty

Achór, J.

— This is an action for damages arising out of a collision between a truck driven by appellee and one of the trains of the appellant in the City of Aurora. Verdict and judgment were for the appellee in the sum'" of $1,500.00.

Notwithstanding the sharp conflict in the evidence presented in this case, the sole question raised by the several assigned errors is whether or not the ■ appellee was guilty .of contributory, negligence as ■ •„ ,a matter of law. The rule with regard to evidence necessary to establish, negligence as a matter of law has been .stated by this court as follows:

“Contri…