Krause v. Hall

The following opinion was filed January 10, 1928:

Owen, J.

It is apparent that the collision resulting in plaintiff’s injuries occurred because of a. failure to keep a proper lookout while driving at an excessive rate of speed. The defendant testified that he discovered the freight train across the highway when he was fifty-five or sixty feet distant, but that he was unable to stop his automobile in time to avoid the collision. Appellant insists that the judgment should be reversed because the plaintiff assumed the risk which resulted in the injury.- Her testimony shows that in the trips she…