CLAY, Commissioner.
Plaintiff appellant, driving an automobile, was struck by defendant appellee's passenger train on a public railroad crossing. He survived, and in this suit for damages the trial court directed a verdict for defendant at the close of plaintiff's evidence. Assuming defendant was negligent in the operation of its train, our question is whether plaintiff was contributorily negligent as a matter of law.
The accident happened at 1:30 a. m. on...
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