Brinkerhoff v. Pennsylvania Railroad

Edgcomb, J. (dissenting).

As I am unable to concur in the judgment about to be rendered by this court, I deem it proper to state the reasons which have led me to differ with the majority of my associates.

I am not unmindful of the fact that the burden rests upon the defendant to show that the decedent was guilty of contributory negligence, and that the plaintiff must be given the benefit of every reasonable inference to be drawn from the evidence.

It is true that the record is barren of any direct evidence that the decedent did not look for a moving train as he approached the fatal crossing on…