Kick v. Franklin

* NOTE: Opinion filed at September Term, 1937, April 1, 1938; motion for rehearing filed; motion overruled at May Term, 1938, May 26, 1938. Action for personal injury received at a grade crossing. The verdict and judgment were for $35,000. Motion for new trial was overruled and defendants appealed.

Primary and humanitarian negligence were pleaded, but the cause went to the jury solely on humanitarian negligence. The answer was a general denial and a plea of contributory negligence. The reply was a general denial.

Error is assigned (1) on the refusal of a demurrer to the evidence at the close of…