Virginia Electric & Power Co. v. Ford

I am unable to concur with the majority of the court in holding that plaintiff’s intestate, Ford, was guilty of contributory or concurrent negligence as a matter of law in driving on the railway track at the time he did. As appears from the opinion, this conclusion is based upon the ground that, “When Ford started across the railway track *634he saw or should have seen that progress might be stayed by oncoming northbound traffic on the far side.”

Thé evidence is, that after Ford had made his turn at Concord street and had started on across, the street car was 670 feet away; that the truck was…