McIntire v. Oregon Short Line R. R. Co.

Respondent’s automobile, in which he was driving across appellant’s main line tracks at Heyburn, was struck by the engine of a freight train, practically demolishing the car, throwing respondent out of it, and severely injuring him, for which he recovered damages in this action.

For the purposes of this discussion we may consider that appellant’s tracks run east and west at the place of the accident. The road upon which respondent approached the track led from the north and west, and approximately 40 feet north of the track after dipping down through a slight depression turned to the south and…