Wallenburg v. Missouri Pacific Railway Co.

I am unable to concur in the majority opinion in this case, for the. reason that to my mind the undisputed facts show such gross contributory negligence on the part of the plaintiff as should prevent a recovery. The effect of this opinion is to overrule Omaha & R. V. R. Co. v. Talbot, 48 Neb. 627; Guthrie v. Missouri P. R. do., 51 Neb. 746; Chicago, B. & Q. R. Co. v. Pollard, 53 Neb. 730; Brady v. Chicago, St. P., M. & O. R. Co., 59 Neb. 233, and many other cases. By our judgment we make a railroad company an absolute insurer of the safety of pedestrians at its grade crossings.

I am of opinion…