Doty v. Southern Pacific Co.

I concur in the conclusion of the majority that there was substantial evidence that the defendant negligently created an extra hazardous crossing by reason of the manner in which the boxcars were parked adjacent to the highway. I dissent from the conclusion of the majority that the plaintiff was not guilty of contributory negligence as a matter of law.

The opinion in this case marks the final stage in the judicial erosion -of the specific rules of law which have long been recognized as controlling the conduct of persons crossing railroad tracks. The majority opinion states that “The question…