Kinney v. Larsen

The principal question we find it necessary to determine is whether plaintiff was guilty of contributory negligence as a matter of law.

The collision occurred at a country crossing 1% miles north of the town of Sloan at 11:30 a.m. on July 24, 1944. Plaintiff, age sixty-seven, is a farmer who for seventeen years had lived l1/] miles west of the crossing and was thoroughly familiar with it. He was returning to his home from Sloan on paved U. S. Highway 75 which parallels the railroad, in a northwest-southeast direction, at a distance of about 72 feet. Plaintiff turned west off the pavement onto…