Ortynski v. Grand Trunk Western Railroad

It was not error to submit the question of contributory negligence to the jury. In the Rosencranz Case, 244 Mich. 137, relied upon by Mr. Justice WIEST as controlling, the accident occurred in the daytime when plaintiff drove onto the fourth track of a four-track railroad right of way, having crossed three of the tracks. He made an observation before entering upon the first track, but did not maintain any proper care and caution thereafter. Although his vision was obstructed by cars standing on the third track, he made no further observation in either direction before driving onto the fourth…