Thoe v. Chicago, Milwaukee & St. Paul Railway Co.

It appears without dispute that when the deceased reached a point 100 feet north of the railway track he had an unobstructed view to the east up the track, from which direction the train was approaching, of three quarters of a mile, and from that point until he reached the track there was nothing to prevent his having seen the train had he looked. The deceased approached the railroad track at a speed of about ten to twelve miles an hour. The bell on the locomotive engine was ringing and the whistle had been blown for the crossing. The negligence charged in the complaint was that defendant was…