Rogers v. Grand Trunk Western Railroad

On October 25, 1935, in the late afternoon, plaintiff was proceeding- in a southerly direction in his automobile on Elm street in the city of Battle Creek, and while crossing defendant’s railway tracks he was struck by an eastbound switch engine and seriously injured. Trial was by jury. At the close of plaintiff’s case, defendant had a directed verdict on the ground that plaintiff was guilty of contributory negligence as a matter of law. He has appealed.

The trial court was of the opinion that a question of fact was presented as to defendant’s negligence. The sole question for review arises…