Petricek v. Elgin, J. & E. Ry. Co.

Plaintiff sued for damages for personal injuries, received when he drove his automobile into the side of defendant’s freight train, during a heavy, record-breaking snowstorm. Defendant has appealed from a $10,000 judgment and from the order denying its motions after verdict. No questions are raised as to the amount of the verdict, the conduct of the trial or to instructions given to the jury.

Defendant contends that plaintiff failed to prove, as a matter of law, actionable negligence on the part of the defendant — that under the law there was nothing which defendant should have done, and under…