Osborn v. Detroit, Grand Haven & Milwaukee Railway Co.

The plaintiff was injured upon a highway crossing of defendant’s railroad. The uncontradicted testimony shows that, for a distance of 50 feet back from the railroad, the train was plainly visible, yet it was not seen, according to the plaintiff’s testimony, until the horse was upon the crossing, and the engine within 20 feet. ■ The only excuse for not seeing it is that looking in that direction would be looking towards the sun. Where a train cannot be seen, by reason of obstructions, it is the duty of the drivers to stop and listen before attempting to cross a railroad. It is very improbable…