Lee v. Pennsylvania Railroad

Lewis, J. (dissenting).

I am not in accord with the decision about to be made. The point where a railroad right of way crosses an improved highway at grade is a place where danger from traffic may be apprehended. (Barnett v. New York Central R. R. Co., 227 App. Div. 636.) In this instance a five-passenger inclosed automobile was overturned upon defendant’s north-bound track where it remained across the rails for at least five minutes before the accident and in such a position that its black top was toward the oncoming train. It thus presented to the view of a vigilant engineer a sizable black…