CHICAGO & E. I. RY. CO. v. McCOY

No. 4214.

36 F.2d 227 (1929)

CHICAGO & E. I. RY. CO. v. McCOY.

Circuit Court of Appeals, Seventh Circuit.

December 7, 1929.


Attorney(s) appearing for the Case

H. B. Aikman, of Terre Haute, Ind., for appellant.

C. G. Shake, of Vincennes, Ind., for appellee.

Before ALSCHULER, PAGE, and SPARKS, Circuit Judges.


ALSCHULER, Circuit Judge.

The appeal is from a judgment for damages occasioned by a train of cars striking an automobile at a crossing of a street and railroad in Vincennes, Ind. But one proposition is advanced by appellant, viz., that appellee's contributory negligence bars his right of recovery.

The engine was backing six box cars toward and across Sixth street, whereon appellee was driving his automobile. It was dark, the railroad crossing was wholly without...

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