Pargeter v. Chicago & North Western Railway Co.

Our conclusion that the court erred in finding as a matter of law that plaintiff was guilty of negligence in *252failing to stop before entering the crossing makes it unnecessary to recite more than we have of the facts.

Sec. 85.92 (1), Stats., provides as follows:

“(1) No operator of a vehicle shall drive on or across a grade crossing with the main-line tracks of any railroad or interurban railroad while any peace officer or railroad employee signals to stop; or while any warning device signals to stop, except that in the latter case if after stop and investigation he finds that no train or car is…