Johnson v. Union Pacific Railroad

I dissent from that portion of the opinion which holds that Cleo Johnson, for whose death this action was brought, was guilty of such contributory negligence as a matter of law that plaintiffs cannot recover. I think the question of his contributory negligence was for the jury.

I think it is well settled in this state that when a traveler upon a street or highway approaches a railroad crossing at which he has reason to believe a flagman will be stationed to give warning of an approaching train, he is entitled to rely upon that fact to some extent; that while the absence of the flagman under…