Dax v. Chicago, Milwaukee & St. Paul Railway Co.

The evidence is undisputed that before the deceased reached the passing track she had an unobstructed view to the west along the track for several miles and such view she had continually from the passing track a distance of fifteen feet till she reached the main track. There is no evidence that her attention was by any cause diverted. The jury having found her negligent, such negligence must have consisted in a failure to look or listen, or .both. Does such failure under such circumstances amount to more than a slight want.of ordinary care? This court has answered the question so many times…