McCarty v. Chicago, Milwaukee & St. Paul Railway Co.

After the second trial of this case and a verdict against it, defendant appeals from the order denying its blended motion for judgment notwithstanding or a new trial.

On the first trial a verdict was directed for defendant on the ground that, as a matter of law, plaintiff was guilty of contributory negligence in not discovering the approach of the passenger train which ran into his motor truck at a highway crossing. There was an appeal and a reversal here, this court then being of the opinion that it was error to direct a verdict for defendant and that a jury should have been permitted to pass…