Mackerall v. Omaha & St. Louis Railroad

Ladd, J.-

1 The plaintiff, in approaching a crossing from the west, stopped his team, looked, and listened, when one hundred feet from the railway, without observing or hearing the train. He then sat down on the north side of the hayrack with his feet in the box below, his back to the north, and his face towards the team, and slowly drove down a descent to the track. From there to within fourteen feet from the center of the track was an embankment, which obstructed his view up to at least twenty feet from such center. His attention was drawn to the gullies recently washed in the road, though…