Sims v. EAST WASHINGTON RAILWAY COMPANY

QUINN, Associate Judge:

This is an appeal from a directed verdict for appellee (defendant below) in a suit for personal injuries sustained by appellant in a railroad crossing accident.

At the trial, appellant testified that he was familiar with the crossing and that he stopped his truck one foot from the nearest rail of the tracks. He neither saw any flagman nor saw or heard any train approaching and was unaware of the danger until his helper Willis exclaimed that a train was coming around the bend. Appellant stated that by this time it was so close he could do nothing but sit there.

Willis, who…