Pappas v. Great Northern Ry. Co.

Citations

• 197 F. 121
• 1912 U.S. Dist. LEXIS 1397

Syllabus

<p>1, Railroads (§ 350*) — Street Grossing Accidents- — Contributory Negligence — Jury Question.</p> <p>Tn an action against a railroad company for personal injury to a driver at a street crossing, where he was struck by a train, whether he was guilty of contributory negligence held, under the evidence, a jury question.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1152-1192: Dec. Dig. § 350.*]</p> <p>2. New Trial (§ 59*) — Special Interrogatories — Disagreement as to Answer.</p> <p>Where, in an action against a railroad company for injuries received in a street crossing accident, special interrogatories were submitted to the jury as to whether the train which struck plaintiff was running faster than 12 miles an hour, and whether the engine was in plain view and hearing at the time and place when and where plaintiff stopped to look and listen, a general verdict for plaintiff is not so inconsistent with the jury’s disagreement on an answer to the second question as to entitle defendant to a new trial, where the first question was answered affirmatively, and where it appeared that not more than six seconds elapsed between the time the train could have been seen by plaintiff and the collision, and that any error of judgment in his action was excusable as being in extremis.</p> <p>[Ed. Note. — For other cases, see New Trial, Cent. Dig. § 125; Dec. Dig. § 59.*]</p>