SIBLEY, Circuit Judge.
The railway company's complaint is that the court refused to dismiss the petition and to instruct a verdict in its favor. The same questions arise on the pleadings and on the evidence, so we deal with the latter. The suit is for personal injuries inflicted by the railway train striking the truck driven by Wilbanks in daytime on a railroad crossing in the country. The double track railroad was straight and plainly visible for a quarter of a mile...
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