Southern Pac. Co. v. Humphrey

MATHEWS, Circuit Judge.

Appellant’s railroad, running east and west, crosses U. S. Highway 93, running north and south, at a point within the city limits of Wells, Nevada. On October 3, 1934, at 9:48 P. M., a west bound freight train comprising 89 cars and a caboose, operated by appellant, stopped at Wells for the purpose of taking water. When so stopped, the front end óf the train was 75 car lengths west of the crossing, the rear end was 13 car lengths east of the crossing, and the 76th car (14th from the rear) was on the crossing, completely blocking it.

While the train was standing there,…