Stuive v. Pere Marquette Railway Co.

{dissenting). I concur in the opinion for reversal. A pole with a large disk with the letters “E. E.” stood at the side of the road 285 feet from the track as a warning. The disk could readily be seen by the driver of an approaching car at a greater distance. Nevertheless plaintiff testified he did not become aware of the fact that he was-approaching a railroad crossing until he was 150 feet from the track, and that then his view down the track was shut off by an embankment until he was 29 feet from the track. His expert witness, a civil engineer, indicated, however, that by actual…