Van Auken v. Chicago & West Michigan Railway Co.

The question of most importance involved in this case is that of the contributory negligence of the driver' of plaintiff’s vehicle when they approached the crossing where the accident occurred. The scene of the accident is indicated by the diagram appended to the opinion of Mr. Justice Grant. The highway and the railroad do not meet at right angles, so that in traveling from the east towards the railway track the view would not be directly in the face of an approaching train. The night when the injury occurred was very dark. The evidence shows that when approaching the crossing the horses…