(DOWNLOAD) "Wabash Ry. Co. v. Walczak" by Sixth Circuit Circuit Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Wabash Ry. Co. v. Walczak
- Author : Sixth Circuit Circuit Court Of Appeals
- Release Date : January 06, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellee recovered a judgment in the court below for injuries sustained when the automobile in which he was riding was struck at a grade crossing in the city of Detroit by one of appellants trains. The only question of serious moment is whether the court below should have directed a verdict under the doctrine of Baltimore & O.R. Co. v. Goodman, 275 U.S. 66, 48 S. Ct. 24, 72 L. Ed. 167, 56 A.L.R. 645. The car belonged to and was being driven by an adult son of appellee, and there was substantial evidence to the effect that, upon reaching the crossing, the automobile was stopped and all of its occupants looked in both directions. Their attention was specifically directed to a "flasher" crossing signal which, they testified, was not operating. Hearing no bell or whistle and seeing no flashing of the lights, the automobile proceeded and had traveled a total distance of 46 feet and 5 inches to the point of collision, as measured from the flasher pole to the nearest rail of the track upon which the train was moving. On this journey three other tracks were crossed. There is some, rather confused, testimony as to box cars situated upon the first and/or second track so crossed, which cars were said to obstruct the view of the approaching train.