Carlin v. Thompson

(dissenting) — I dissent from the opinion of the majority because it fails to follow, or to rightly apply, well-settled principles of law and decisions of this court heretofore consistently followed in this class of cases.

The case, as it was submitted by the trial court and as it comes to us, presents the two issues ever present in this class of cases: the alleged negligence of the defendant, and the alleged freedom from negligence of the plaintiff. ' The negligence simmers down to the charge that the defendant failed to maintain and exercise, at and as it approached the crossing, that degree…