Wittrup v. Chicago & Northwestern Ry. Co.

The majority remands this case for new trial, holding the railroad’s alleged negligence in failing to post signs warning of low clearance under its overpass and plaintiff’s driver’s alleged contributory negligence in misjudging the clearance beneath that overpass were issues which should have been submitted to the jury. I cannot agree, and would hold trial court correctly decided both those issues as a matter of law in favor of defendant.

I. The traditional formula for the elements necessary to a cause of action founded upon negligence contemplates proof defendant was under an antecedent duty…