Van Patten v. Chicago, Rock Island and Pacific R. Co.

(dissenting)— I. Code section 321.341, headed “Obedience to signal of train”, provides: “Whenever any person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a tram, the driver of such vehicle shall stop * * (Emphasis added.)

There is no claim gates or a flagman were placed at the crossing. The railroad concedes its automatic signal device, consisting of flashing red lights and bell, was not in working order at the time of the collision. There is undisputed evidence it was…