Kraft v. Pere Marquette Railway Co.

May 7, 1929, about one o’clock in the afternoon, plaintiff’s automobile stalled upon defendant’s railroad track, at a street crossing in the city of Bay City, and, while she was trying to start the motor, a train came along, struck the automobile, and she received injuries. Defendant prosecutes an appeal from a judgment in favor of plaintiff, urging contributory negligence on the part of plaintiff as a matter of law. This opinion is based on the case presented by plaintiff.

At the point where the automobile stalled, there was a clear view of the railroad track for about a half mile. Plaintiff…