Rushford-Surine v. Grand Trunk Railway Co.

Accepting the opening statement of plaintiff's counsel as the facts in the case and all of them, as we should, it is established that when the decedent and his companion were approaching the track and for 50 feet back from the track they had an unobstructed view in the direction the train was coming from for a distance of from 600 to 1,000 feet. Their truck could have been stopped in 5 or 6 feet going at the rate of 10 or 12 miles an hour. They were going up hill. If they drove that distance without stopping their car or looking for a train, or if they saw the train when they could and should…