Neusbaum v. Chicago and Northwestern Railway Co.

This is an action for damages suffered by plaintiff Neusbaum in a crossing accident when a train of defendant struck a truck in which plaintiff Neusbaum was riding. At the close of plaintiffs’ case-in-chief the trial court sustained a motion made by defendant and dismissed plaintiffs’ action. Plaintiffs appeal. We affirm the judgment of the trial court.

We state the evidence in the light of the established and often repeated rule that in determining such a motion the plaintiff is entitled to have every controverted fact resolved in his favor and to have the benefit of every inference that can…