Vilhauer

This is an action to recover for injuries and loss sustained by the plaintiff in a collision between an automobile driven by him and an electric car operated by the defendant. The collision occurred about 5 o’clock P. M. on April 20, 1926, near the town of Cypress, in Orange County, at a point where a paved highway crosses a double track used by the railway company. An automatic signal which “wigwagged” and rung a bell upon the approach of a car or train was installed at this crossing, and as the plaintiff approached he observed that this signal was working. He also saw a north-bound car about 150 feet away approaching the crossing on the track nearest to him. He stopped his car about fifteen feet from the nearest track and waited for this car to pass. He then started forward and when he had reached the second track his machine was struck by a south-bound car, causing the injuries described in the complaint. The case was tried with a jury and at the conclusion of the plaintiff’s evidence a motion for a nonsuit was granted upon the ground that the plaintiff was guilty of contributory negligence. From the judgment which followed, this appeal is taken.

The principal question before…