Buchholz v. Union Pacific Railroad Company

I am impelled to dissent. It seems to me that the law enunciated by the majority of this court in effect holds that the driver of a motor vehicle crosses railroad tracks at a public crossing at his peril; that evidence of cautionary measures taken by such a driver over the tracks is of no avail, and does not make the question of whether he acted as a reasonably prudent man would have acted under the circumstances one for resolution by the jury.

Buchholz sued the railroad company to recover damages for the value of a truck demolished at a crossing collision in Julesburg, Colorado, and for loss…