Frederick H. McNaughton v. The New York Central Railroad Company

I concur in the reversal but dissent as to the remandment.

Believing that plaintiff was guilty of negligence which proximately contributed to his injuries, I would reverse the judgment below.

Viewed most favorably to plaintiff, the evidence reveals the following facts.

At the time of the accident on April 26, 1950, plaintiff was 40 years old and in the possession of normal eyesight and hearing. At about 6 a. m., when the sun was shining and the weather was clear and dry, plaintiff, employed regularly as a truck driver, was operating a tractor-trailer combination through Anderson, Indiana. He…