Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1916-12-07
AT THE CROSSING

An interesting discussion of the
automobilists responsibility at rail-
road grade crossings is found in a
recent opinion in an automobile case
by Judge Burlington of the United
States circuit court of appeals. with
the coming into use of the automo-
bile" he says, new questions as to
reciprocal rights and duties of the
public and that vehicle have and will
continue to arise. At no place are
those relations more important than
at the grade crossings Of railroads.
The main consideration hitherto with
reference to such crossings has been
the danger to those crossing. A pom
derous. swiftly moving locomotive,
followed by heavy train, is subject
ed to slight danger by a crossing
foot-passenger or a span or horses
and a vehicle; but when the passing
vehicle is a ponderous steel structure,
it threatens not only the safety of
its occupants, but those also on the
colliding train. And when to the
perfect control of such machine is
added the factor of high speed, the
temptation to dash over track at
terrific speed makes the automobile,
unless carefully controlled, new and
grave element of crossing danger
"On the other hand when properly
controlled this powerful machine pos
sesses capabilities contributing to
safety. When a driver of horses at
tempts to make a crossing and is
suddenly confronted by a train, diff
'icultiej face him to which the auto
mobile is not subjected He cannot
drive close to the track. or stop with
out risk of his horse being fright
ened, shying or overturning his We
hicle. He cannot well leave his horse
standing, and if he goes forward to
the track to get an unobstructed view
and look for coming trains, he might
have to lead his horse or team with
him. These precautions the auto
mobile driver can take, carefully and
deliberately and without the nervous
ness contributed by frightened
horse. 1t will thus be seen an auto
mobile driver has the opportunity, If
the situation is one of uncertainty,
to settle that uncertainty on the side
of safety, with less inconvenience, no
danger, and more surely than the
driver of horse.
"Such being the case the law both
from his own standpoint and the
imenace his machine is to the safety
fof others, should in meeting these
new conditions, rigidly hold the auto
mobile driver to such reasonable care
and precaution as go to his own safe
ty and that of the travelling public
II the law demands such care, and
those crossing make such care, and
not chance, their protection, the pos
sibilities of automobile crossing ac
cidents will be minimizcd.
"In the case of trolleys crossing
railroads at grade, the practice II
general for the conductor to go aheat
and from the track signal the halte(
car to advance. This would, o.
course, be impracticable as a rul,
for automobiles; but it illustrates tht
trend of the law, as the size of cross
ing vehicles makes collision will
them more serious, to enforce safet!
precautions. The duty of an auto
mobile driver approaching tracks
where there is restricted vision, tt
stop, look and listen, and to do 81
at time and place where stopping
and where looking, and where listen
ing will he effective, is a positive
duty"