Cox v. Polson Logging Co.

(dissenting) — I am in accord with the majority opinion, save in so far as it is held that the jury should pass upon the question of whether or not appellant was negligent in failing, if it did so fail, to throw out a lighted flare upon the highway, and whether or not an ordinarily prudent person occupying the position of the decedent would, under the testimony, be lulled into a false sense of security by relying upon the fact that, upon crossing highways, appellant’s employees did frequently throw from its trains lighted flares.

James A. Jensen, the driver of the automobile in which decedent…