Chesapeake & O. Ry. Co. v. Pope

Judge Sims

dissenting.

From that part of the opinion which holds that the plaintiff was not guilty of contributory negligence as a matter of law I am compelled to dissent.

Inadvertently, the writer expressing the majority view does not state the facts as favorably to the railroad as I take them from the testimony of the plaintiff, himself. Plaintiff was talking to a friend and as the train approached he started for the crossing. He first started walking fast over the crossing carrying his mail bag and as he reached the westbound tracks he started trotting, and while still in. a place of safety…