Wood v. City of Crooks

SABERS, Justice.

[¶ 1.] This action arises out of a collision between a Burlington Northern Railroad train and an automobile operated by Tracy Wood. ' The accident occurred at a crossing on a Minnehaha County highway on the edge of Crooks, South Dakota. Wood settled with Burlington before suit. He sued Minnehaha County and the City of Crooks, eventually settling with County. His action against City proceeded to jury trial. City appeals the damage award, claiming Wood is barred by contributory negligence because the jury found Wood and City equally negligent (30%). 1 City argues that whether a…