O'Dell v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Plaintiff William O’Dell received serious personal injuries when he drove his motorcycle into the side of defendant railroad’s freight train at a grade crossing. Based upon an allegation that his injuries were caused by defendant’s failure to provide adequate safeguards and warnings, plaintiff recovered a judgment for $180,000. Defendant appeals.

In the early morning hours of August 28, .1965 there was a dense fog in the town of North Bend, Washington, and the streets were wet from an evening rain. This condition was not uncommon to the area. Plaintiff had worked as a bartender in North Bend…