Polly v. Oregon Short Line R. R. Co.

Appellant, with three of his children was driving in a Ford truck in an easterly direction across the most easterly of four north and south tracks of respondent railroad in Ontario, Oregon, at about 5 o’clock P. M., September 27, 1929, when the truck was struck by a freight train running from north to south, the truck demolished and appellant seriously injured.

This action is for damages to the truck and appellant’s person. A nonsuit was granted on the ground that the evidence showed appellant was guilty of contributory negligence. Appellant contends that his contributory negligence if any,…