George Sutherland

“ If the train was running only 30 miles an hour the speed was probably greater-it was only about 30 seconds from the time it came into view a quarter of a mile away until it crashed into the truck.' Accordingly, it was held that the question of Wright's contributory negligence was not one of law but one of fact for the jury. ”

“ The train which caused the accident came from the east at a speed of from 50 to 60 miles an hour. There was evidence that the whistle was not sounded; that the train was about an hour late; that it usually slowed down in approaching the crossing to about 25 or 30 miles per hour; and that a city ordinance limited the speed of trains within the city to 20 miles per hour. The rear wheels of the automobile were on or very near the south rail of the track when the collision occurred. ”

“ He did not look; or, if he looked, he did not heed the warning, and took the chance of crossing the track before the train could reach him. In either case he was clearly guilty of contributory negligence.' Authority for this view was found especially in Chicago, R.I. & P. Railroad Co. v. Houston, 95 U.S. 697, 702, 24 L.Ed. 542.
The case for the death of the wife is controlled by different considerations. ”