Christy v. Blades

I respectfully dissent.

The sole question before this Court is whether the railroad, to establish the statutory defense (Article 6701d § 86(d)) must also obtain a jury finding that the truck driver failed to use ordinary care, when the plaintiff has objected to the charge for the failure to submit this issue and has introduced material evidence to show excuse or justification for his violation of the statute.

There is ample evidence to support the conclusion that a reasonably prudent man would be unable to stop after the train became plainly visible. But for the driver’s prompt action in…