Finn v. Spokane

BELT, Justice. This is an action to recover damages to person and property resulting from a collision by plaintiff Finns automobile with a train standing on a grade crossing at the intersection of Northwest Vaughn street and Northwest 22nd avenue in Portland, Oregon. The plaintiff insurance company is a party by reason of having paid the cost of repairing the automobile. At the conclusion of the plaintiffs case in chief, the defendant railroad company moved for a judgment of involuntary nonsuit on the grounds that: (1) there is no evidence tending to show negligence of the defendant; and (2) the plaintiff driver was guilty