Chamberlain v. . Lehigh Valley R.R. Co.

I dissent. The only fair inference which I think can be drawn from the evidence, giving the plaintiff the most favorable view of it, is that the intestate was guilty of contributory negligence as matter of law.

The accident occurred a few minutes after 12 o’clock noon. Had the intestate looked when about one hundred feet from the crossing he could have seen the train as it came from behind the red barn, which was about six hundred feet from the crossing. Had he looked at any time after the train passed that point until it reached the crossing, he could have seen it. It was a clear day. There…