202 N.W. 766 | Iowa | 1925
The accident giving rise to the instant action happened December 21, 1921, on a street crossing in the town of Jesup, Iowa. The facts are not in dispute. The ruling of the court at the conclusion of plaintiff's evidence relieved the defendant from offering any testimony. The appeal presents but one question: Was the plaintiff guilty of contributory negligence, as a matter of law?
The collision occurred on what is called the Eighth Street Crossing, located on the south side of the town. Eighth Street runs north and south, and the defendant's railroad line east and west. The crossing was 75 feet wide from sidewalk to sidewalk, and it is shown that the surface of the roadway on Eighth Street at the time of the accident was in good condition. Three tracks of the defendant railroad cross Eighth Street: the most southerly called the "house track;" the next, to the north, "the main line track;" and north of the main line, the "switch track." The distance between the north rail of the house track and the south rail of the main-line track is approximately 40 feet. Plaintiff approached the crossing from the south. The train was west bound. His view to the east was obstructed until he passed a freight car, which it is claimed was on the house track. It is undisputed that the plaintiff had 40 feet of open space between the tracks, with an unobstructed view from 2 to 3 miles. It was a straight track. The accident happened at 4:25 P.M., on a clear day, and the driver of the car knew that the train in question was scheduled to arrive between 4:20 and 4:25. He did not know whether it had passed at that time. Immediately prior to the accident, he stopped at a filling station for gas. He testified: "I knew when I came from the gas station there would be this train." He was intimately acquainted with the crossing, and had frequently driven over it. He was familiar with the buildings on the east side of the street *659 near the crossing. He knew there were no gates or flagman at the crossing, and testified that he was not "relying on gates, flagman, or gong to warn me of the approach of the train." He looked before reaching the house track; but the evidence clearly shows that, under the physical facts and surroundings, he could not have seen the approaching train until he reached the house track. He knew this.
It is shown that, when he first looked to the east, his view was obstructed, and he knew it; and that he did not again look to the east until he reached a point where a collision could not be avoided. In other words, the driver did not look, at a point where he could see, and he traveled a distance of 40 feet between the house track and the main track without looking to the east. During this time and distance, it was his only opportunity to see the approaching train. He knew this, and at that very time he also knew that there was a passenger train due from the east, shortly after 4 o'clock. No diverting circumstance is shown. No other train was then and there operating, and no other person or vehicle was near or on the crossing. He was driving slowly. He had his car under control, and could have stopped in 6 or 8 feet. His brakes had been tested on the day of the accident, and they were in good working order. He was an experienced driver. The presence of the freight car, as claimed by the plaintiff, was not an independent ground of negligence. Anderson v. United States R.Adm.,
We do not feel that reasonable minds can differ upon the question presented by this appeal. The trial court ruled correctly, and the judgment entered is — Affirmed.
FAVILLE, C.J., and STEVENS and VERMILION, JJ., concur.