Cincinnati, N. O. & T. P. R. v. Rimmer

While attempting to drive an automobile along the highway crossing of the railroad at grade, Rimmer was struck by a train and killed. In an action in the court below, founded in part upon the Tennessee Precautions Act (subsection 4, section 1574, Shannon’s Code), and in part upon the common-law rules, Rimmer’s estate had *669judgment. The questions presented to us are whether a verdict should have been directed for the defendant, on the common-law action, on the ground of Simmer’s contributory negligence in analogy to the facts of the. Goodman Case, 275 U. S. 66, 48 S. Ct. 24, 72 L. Ed. 167, 56…