Worden v. Chicago & Northwestern Railway Co.

Wherein defendant may have breached any of its statutory or common-law duties towards the plaintiff is immaterial on this appeal because the complaint shows upon its face such want of ordinary care for his own safety on plaintiff’s part as requires holding, as a matter of law, that his contributory negligence must defeat any claim of right to recover.

Knowing of the track and highway crossing he drove his automobile on a very dark night into a standing freight train. With proper headlights on his automobile and driving with the degree of care the law requires of him, he should have seen and…