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Pokora v. Wabash Railway Co.

United States Supreme Court

292 U.S. 98 (1934)

Relevant factsFree

John Pokora (plaintiff), unable to see the main track as he approached a multi-track railroad crossing in his truck, stopped and tried to look and listen but heard nothing before proceeding, without exiting his truck for a better view; he was struck by an unseen train and sued Wabash Railway Co. (defendant) for negligence. The trial court directed a verdict for Wabash on grounds of Pokora's contributory negligence, and the court of appeals affirmed.

IssueFree

Whether an individual approaching a railroad track in a private car is required to stop, get out of the car, and look for oncoming trains before crossing the track.

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