Gilbert v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Burch, J.:

The question in this case is whether or not the plaintiff, who was negligent in driving upon a railway crossing in front of one of the defendant’s moving trains, should recover damages on the ground that the defendant was guilty of recklessness and wantonness in injuring him.

The collision occurred on Fourth street in the city of Centraba, a city of the third class. The street extends north and south. Three of the defendant’s tracks cross it from east to west near the center of the business section of the town. The street is the principal…