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

On Rehearing.

Clark, C. J.

Since this court in Davis v. Railway Co., 241 Mich. 166, adopted the standard of conduct laid down in Baltimore & Ohio R. Co. v. Goodman, 275 U. S. 66 (48 Sup. Ct. 24, 56 A. L. R. 645), it has been held, quite consistently, that one about to cross a railroad track must take all reasonable precaution and be assured that it is safe to cross, and that failure so to do is contributory negligence, precluding recovery. This holding generally has been applied to so-called open crossings. But this case ought not to be treated as an open crossing case. Nor can it be said to be…