Wood v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Olson, J.

(dissenting)—Respondent was thoroughly familiar with the railroad crossing and its surroundings. In my opinion, it is so apparent that he failed to exercise reasonable care, under the circumstances, in approaching it, that there is no question of his negligence to submit to a jury. *613This negligence contributed to his injuries, and therefore he is barred from any recovery in this action.

[En Banc. May 9, 1955.]