Allan v. Oregon Short Line Railroad

MORGAN, J. —

This is an action for damages by the parents of Bertram Julius Allan who lost his life in a collision between a truck he was driving and a locomotive drawing a southbound train of respondent Oregon Short Line Railroad Company, driven by respondent Rose, at a railroad crossing about two miles south of St. Anthony. At the end of the introduction of proof the trial judge granted defendants’ motion for a directed verdict, which was followed by judgment of dismissal. This appeal is from the judgment, and questions of negligence and contributory negligence, and of the application of the…