Hendricks v. Monongahela West Penn Public Service Co.

As I read the record, the conflict in evidence referred to in the majority opinion relatés only to the negligence of the company. There is certainly no conflict as to the conduct of Kniseley, the driver of the truck: It is settled law that “the duty to look and listen before entering upon a railroad crossing requires the traveler to exercise care to select a position from which an effective observation can be made.” Robertson v. Ry. Co., 99 W. Va. 356, 128 S. E. 829. Kniseley admits he did not exercise that care. He said that he stopped the truck “on the first switch rail” for “just a few…