State Ex Rel. Kansas City Public Service Co. v. Bland

[6] The grounds of my dissent are as follows. Concededly, if the injured party fails to look or listen at a railroad crossing when by doing so the danger would be clearly apparent, his failure constitutes contributory negligence as a matter of law. State ex rel. K.C. So. Ry. Co. v. Shain, 340 Mo. 1195, 1201(3),105 S.W.2d 915, 918(6). Under this decision the same is true when he cannot see or hear the train at all and yet proceeds across the track without exercising care commensurate with the circumstances. See also Borrson v. M.-K.-T. Rd. Co., 351 Mo. 229, 248(6), 172 S.W.2d 835, 847(11).

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