Hynek v. Kewaunee, Green Bay & Western Railway Co.

There is no evidence to sustain a finding that any member of the engine crew failed to exercise ordinary care in approaching the crossing where the collision with the automobile occurred. Under the facts proved beyond dispute there was no act or omission constituting negligence on the part of the fireman in the performance of his duties.

The trial court instructed the jury that railway employees in charge of a locomotive are required to exercise ordinary care to keep a proper lookout as to the track' and intersecting streets and highways and to observe the streets and highways adjacent to the…