United States Supreme Court
292 U.S. 98 (1934)
Wabash Ry. (Wabash) (defendant) operated four railroad tracks that came together at a single crossing. As Pokora (plaintiff) approached them in his car, he could not see the main track. He stopped, tried to look and listen for a train, but heard nothing. He did not get out of his truck to try to obtain a better view. As Pokora crossed the railroad tracks, he was hit by an unseen train. Pokora brought suit against Wabash for negligence. At trial, the trial court directed a verdict for Wabash on the ground that Pokora displayed contributory negligence. The court of appeals affirmed. The United States Supreme Court considered the case.
Rule of Law
Holding and Reasoning (Cardozo, J.)
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