McKinney v. Port Townsend & Puget Sound Railway Co.

Mount, J.

(dissenting)- — It is apparent that the deceased drove his automobile onto the railroad track immediately in front of the oncoming train; at any rate, when it was only ten seconds away. This was the proximate cause of his death, for which he alone was responsible. The action should be dismissed for that reason.

I therefore dissent.

Morris, C. J., concurs with Mount, J.