Alexandria Refining Co. v. Missouri Pacific Railroad

STATEMENT OF FACTS

In this case plaintiff’s driver of one of its tanks stopped on the railroad track at a public crossing and got down to adjust some oil drums that were about to fall; while on the north side with his vision cut off from the south, the engine and car of defendant came up on the south side of the truck to within six or seven feet and was stopped.

Steve Irwin, defendant engineer, testified (page 57):

“A. Yes, sir, we stopped six or seven feet from the crossing or possibly right on the crossing and we were not far enough to get over this switch from one to two and when Burrell came…