Henwood v. Wallace

(dissentiug).

The district judge’s impression of his duty when an instructed verdict was moved was correct rather than that he acted on afterwards. There are two questions. First, was the general rule, well established in Louisiana, that one knowingly approaching a railroad crossing must stop (unless stopping is plainly unnecessary or imprudent), look and listen for the train,1 made more stringent by the general highway Act, No. 286, Acts of 1938, p. 726. Second, does the evidence under either rule require a finding that plaintiff fell short in diligence.

1. The Act of 1938, Title 2, Section 3,…