TORTS - CONTRIBUTORY NEGLIGENCE - CARE REQUIRED OF AUTOMOBILE DRIVERS AT RAILROAD CROSSINGS

Authors

Abstract

Pokora, while driving his truck, approached the defendant's railroad at a crossing where his view was obstructed by box cars standing on a switch which ran beside the main tracks. He stopped his truck at a point about ten or fifteen feet from the switch and listened and looked, so far as the obstruction permitted, and then drove upon the main tracks where he was hit and injured by defendant's train which was coming from the direction of the box cars. The trial court directed a verdict for the defendant on the ground that the plaintiff, as a matter of law, had been guilty of contributory negligence. On writ of certiorari it was held, that the question of contributory negligence should have been left to the jury. Pokora v. Wabash Ry., 292 U. S. 98, 54 Sup. Ct. 580 (1934).

Recommended Citation

TORTS - CONTRIBUTORY NEGLIGENCE - CARE REQUIRED OF AUTOMOBILE DRIVERS AT RAILROAD CROSSINGS, 33 Mich. L. Rev. 457 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/25