El Paso herald. (El Paso, Tex.) 1901-1931, 1915-03-20
AUTOS MUST Be
STOPPED DOWN
Supreme Court Holds That
They Must Look and
Listen At Railways.

Automobile owners and drivers
throughout the state are affected VI
tally by a recent decision handed down
by the supreme court. which once and
for all time places upon the operator
Of a car the duty Of coming TO a 1ull
stop at dangerous railroad crossings,
whether that crossing is protected Dy
warning bells. 1t also takes away from
the automobile driver the right 10 col
lect damages where h failed TO hear a
whistle blown or a warning signal
sounded.
ers cannot collect damages for accl-
dents at railroad crossings even when
the view Of the track is not fully
free and open when no signal from an
approaching train is heard. unless he
has brought his car to a full stop at
a point where he can look up and
down the track before attempting TO
cross.
The decision which was handed down
by Judge Melvin and concurred in by
Henshaw and LOrigau, was in the
case of o. G. Griffin against the san
Pedro. Los Angeles and Salt Lake for
an accident near Cotton, on November
"a 1911.
Judge Melvin's decision says in part;
1T is the duty OF a traveller on a
highway approaching railroad cross
ing to use ordinary care IN selecting
a time and place TO look and listen
for coming trains. He should stop for
the purpose OF making such observa-
4
use all Of his faculties and it is not
enough If he merely listens, believing
that the people in charge Of any ap-
preaching engine will ring a bell or
an this case counsel for both sides
have introduced as exhibits photo
graphs Of the roads and tracks IN the
vicinity Of the crossing and these
have been OF very great value TO us in
our endeaTOrs TO understand the sit
uation in which Mr. Griffin was placed.
Looking at those pictures, We marvel
that any veteran automobiles could
have been struck by a. train as he was.
20 1T is true that he had never made
crossing at that place before. As he
approached the track, ahead OF him,
a little TO the left Of the roadway,
loomed a post bearing the words paint
ed upon il. Lookout for the Cars To
the upper part Of this were attached
cross boards inscribed with similar
letters. Railroad Crossing stopping
thirty-five feet from the crossing and
trusting to his sense Of hearing. when
he might have obtained a clear view
Of the track by moving eighteen feet
and a few inches nearer, clearly indl-
Gates negligence
looked for smoke. but as the breeze
was, he said. from the north. he could
not well expect to see the smoke Of
rapidly approaching northbound train.
He had his car under perfect control.
The brakes had been frightened that
day. He was running AZ a very low
rate of speed, and il would have been
easy for him to stop a short distance
beyond the fence corner at q place OF
complete safety and one Wen suited
to observation. Failing to do this
amounts to contributory negligence on
his part
a person approaching a railway
track. which is itself a warning Of
danger. must take advantage OF every
reasonable opportunity 20 look and lis
ten. A traveller who is about 10 cross
a railway track at a place where ordi-
narily the engineer gives appropriate
signal Of the approach of the train, may
not depend upon such custom, even
uUOn a duty enjoined by law TO give
such signals. He has no right not to
look or listen because he has heard
no such signals