Pokora
v. Wasbash Ry. Co.
Supreme
Court of the
292
Prosser,
pp. 196-199
Facts: The plaintiff carefully
approached a railroad crossing with an obstructed view, but got hit anyway and
sued the railroad company for negligence.
His complaint was dismissed on the basis that his conduct constituted contributory
negligence.
Issue: Did the plaintiff meet the
legal standard of duty when he approached the railroad crossing?
Rule: The existing rule was that
a driver must stop, look, and listen, as well as get out of his car and look
around if necessary. This Court limits
the rule by saying that this plaintiff had no such duty unless he could have
safely stopped such that he could have gotten out and looked around.
Analysis: Cardozo basically says that
the Court must be careful when it sets down legal duties to make sure that they’re
reasonable.
Conclusion: The judgment was reversed
and remanded.