Paine v. Chicago & Northwestern Railway Co.

The appellant claims that the court erred in granting the nonsuits because upon the evidence (1) neither Mr. nor Mrs. Paine was guilty of contributory negligence as matter of law, and (2) negligence of the defendant was a jury question.(1) That the driver of an automobile whose view is unobstructed as he enters the zone of danger who is killed by driving on a railroad track at a street intersection and colliding with an approaching train is guilty of contributory negligence as matter of law was recently held in Waitkus v. Chicago & N. W. R. Co. 204 Wis. 566, 236 N. W. 531, 237 N. W. 259. The…