KUTCHMA v. ATCHISON, T. & S. F. RY. CO.

Nos. 7865, 7866.

23 F.2d 183 (1927)

KUTCHMA v. ATCHISON, T. & S. F. RY. CO. HASKELL v. SAME.

Circuit Court of Appeals, Eighth Circuit.

November 23, 1927.


Attorney(s) appearing for the Case

Leon H. Snyder, of Colorado Springs, Colo., and Kenaz Huffman, of Denver, Colo. (Frank E. Gove and John H. Schultz, both of Denver, Colo., on the brief), for plaintiffs in error.

Erl H. Ellis, of Denver, Colo. (E. E. McInnis, of Oklahoma City, Okl., on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and POLLOCK LOCK and SCOTT, District Judges.


LEWIS, Circuit Judge.

These actions were brought to recover damages for personal injuries to the two plaintiffs inflicted at a grade crossing by collision of defendant's train with a motor truck in which they were riding. The cases were consolidated for trial. The court after each side had introduced its proof directed the jury to return verdicts in favor of defendant, on the ground that the contributory negligence of plaintiffs plead in the answer contributed directly...

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