Brindizi v. Lehigh Valley Railroad

Davis, J. (dissenting).

As I read the opinion of my brother Sears, reversal is based on the ground that the weight of evidence indicates that plaintiff was guilty of contributory negligence in not observing the warning signals on the northerly or far side of the tracks some fifty or sixty feet away.

The hour was about eleven p. m. Visibility was low because *18of the darkness, fog and the heavy smoke. We may assume from the verdict that the signals on the southerly side of the track and near to plaintiff, particularly intended as a warning to those approaching from that side, were motionless and…