Union Pacific Railroad Co. v. Shupe

Plaintiff in his complaint alleged that defendant negligently operated one of its locomotives in such a manner as to cause a collision and as a result thereof plaintiff suffered damage. Defendant in its answer denied negligence on its part; alleged that the damages, if any, were solely the result of plaintiffs negligence; and also that if defendant were negligent, plaintiffs negligence contributed to the cause of the accident. Defendant cross-complained against the plaintiff for its damages, alleging that they were solely caused by plaintiffs negligence. Plaintiff in his reply denied any negligence on his part.