Seiffert v. Hines
| Decision Date | 01 March 1922 |
| Docket Number | 21717 |
| Citation | 187 N.W. 108,108 Neb. 62 |
| Parties | WILLIAM SEIFFERT, ADMINISTRATOR, APPELLANT, v. WALKER D. HINES, DIRECTOR GENERAL OF RAILROADS, ET AL., APPELLEES |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Madison county: ANSON A. WELCH JUDGE. Affirmed.
AFFIRMED.
M. F Harrington and Gerald F. Harrington, for appellant.
Wymer Dressler, Robert D. Neely and Paul S. Topping, contra.
Heard before LETTON, DEAN and DAY, JJ., SEARS and WESTOVER District Judges.
It appears that Park avenue in the city of Norfolk extends in an east and west direction, and is intersected by Seventh street running north and south. Immediately to the east of Seventh street is the defendant's right of way upon which several tracks of the defendant intersect Park avenue. To the west of the main line track are two switch tracks. From the main line track to the first switch track to the west is a distance of 35 feet. On the morning of the accident the plaintiff's intestate and two companions were traveling eastward along Park avenue in a Ford runabout, the deceased and the driver of the automobile being coemployees. The two companions occupied the seat of the car, one being at the wheel. Deceased was standing on the south side of the car on the running-board facing east, supporting himself by having his arm hooked around one of the bows of the Ford top, and was standing in a position where he could readily see to the east and the south. There were a number of freight cars on the first side track west of the main line track which stood about flush with the south sidewalk of Park avenue. As the occupants of the car came into Seventh street there was an unobstructed view to the south along the line of the road for a distance of more than half a mile. This view would be obstructed as the automobile was passing the end of the box cars, but after passing the end of the box cars the view south along the main line track was unobstructed. A passenger train on the defendant's line was approaching from the south, running at about 35 miles an hour. From the time the automobile entered upon Seventh street up to within 20 feet of the main line track, the automobile was running about 10 miles an hour. Neither of the parties in the automobile apparently were conscious of the approaching train until the automobile was within about 20 feet of the main line track, when the driver, observing the approaching train, in an effort to avoid a collision, threw on his brakes and turned his car toward the north. In doing so it brought the south side of the automobile in such close proximity to the passing train that deceased was struck by the breast beam of the engine, knocked to the pavement, and sustained fatal injuries. Deceased was familiar...
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