Gaffka v. Grand Trunk Western Railroad

Inasmuch as the verdict for defendant in the instant case was directed after close of plaintiff’s testimony, in our statement of facts we shall detail the evidence in a light most favorable to plaintiff. On the cold, clear and very dark evening of January 26, 1940, the plaintiff at about 8:15 p.m. was driving his car north on the Pontiac-Ann Arbor road toward the village of South Lyon, Michigan, and approaching a single track railway on which a line of box cars was being slowly pushed by a locomotive towards the crossing from the west. Plaintiff was familiar with the tracks in the…