Britten v. Grand Trunk Western Railway Co.

Plaintiff’s automobile was struck and destroyed by a train of defendant on a crossing near the village of Bancroft. Plaintiff had judgment. Defendant brings error.

The principal question is that the court erred in refusing to direct a verdict for defendant on the ground that the driver of plaintiff’s automobile was guilty of contributory negligence as a matter of law.

The highway runs east and west. Defendant’s tracks are double, running northeast and southwest. On a bright summer day the automobile, with top up but without curtains, approached the crossing from the east. The view to the…