Burnett v. Chicago, Milwaukee & St. Paul Railway Co.

Main Street in the town of Woodward, extending south, crosses the line of defendant’s railway not far from the station grounds. Early in the morning of February 13, 1913, plaintiff and one Arnes, each driving a team and farm wagon, approached the crossing from the north, Arnes being in the immediate lead. It was still very dark, making it difficult for plaintiff to outline the wagon in front. Both drivers were familiar with the crossing and its surroundings and had for several days been engaged in hauling ice *706over that road. Plaintiff’s evidence is to the effect that, when about 20 rods from…