Wickman v. Illinois Central Railroad Company

114 N.W.2d 627, 253 Iowa 912, 1962 Iowa Sup. LEXIS 672
CourtSupreme Court of Iowa
DecidedApril 3, 1962
Docket50533
StatusPublished
Cited by20 cases

This text of 114 N.W.2d 627 (Wickman v. Illinois Central Railroad Company) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wickman v. Illinois Central Railroad Company, 114 N.W.2d 627, 253 Iowa 912, 1962 Iowa Sup. LEXIS 672 (iowa 1962).

Opinion

Thompson, J.

Plaintiff’s decedent, Gerald Duane Wick-man, was killed on August 19, 1959, in a collision between a gravel truck which he was driving and a freight train of the defendant railroad company operated by the defendant Gerald R. Decker as engineer, at an intersection of a farm-to-market road and the railroad tracks. The accident happened shortly after noon. The train was proceeding east and the truck came from the north. Among the plaintiff’s specifications of negligence were failures of the defendants to sound a whistle or ring the bell at the required distances before the train approached the crossing. However, the jury verdict was against the railroad company only, the defendant engineer being absolved from liability. From this the parties seem to agree, and *915 we concur, that the jury found against the plaintiff as to these specifications. The jury verdict necessarily rested on findings of negligence against the company on specifications of negligence based on failure to give adequate warning of the approach of the train in view of the speed of the train and the location of the crossing and its alleged dangerous and obscured nature. Specifically, what seems to be the major fighting point in the case concerns plaintiff’s specification D, which we quote: “In failing or refusing to place either a watchman or any electric safety device, or any gate, or adequate warning signs at or near the crossing hereinabove described prior to or at the time of the collision hereinabove specified.”

I. The defendant railroad company assigns three errors. The first asserts that the court was in error in refusing to direct a verdict for the defendant because the evidence was insufficient to generate a jury question on the issue as to whether the railroad company should have guarded the crossing by the installation of an electric signaling device or by maintaining a watchman there. A consideration of this question requires some further statement of facts.

It is of course thoroughly established that under these circumstances we take the evidence in the aspect most favorable to the plaintiff which it will reasonably bear. This means, usually, that it is the plaintiff’s evidence which is most important, although it may occasionally be strengthened by something shown by the defendant. It also means that if plaintiff’s evidence makes a prima-faeie case, contradictory evidence for the defendant generally has little if any importance in determining whether a verdict should have been directed.

The decedent, hereinafter referred to as Wickman, was driving a loaded gravel truck south on the gravel highway just prior to the collision. He had been engaged in this occupation for some weeks prior to August 19, and had gone over the railroad crossing many times. The crossing was guarded by the ordinary crossbuck warnings, located one on each right-hand side of the crossing on the north and on the south. On the northwest corner of the intersection were the farm buildings of Leon Wenzel, with a somewhat extensive grove of trees. The trees shut off a view of the crossing to the west from traffic *916 approaching from the north until a point about 70 feet from the crossing, when there was a view for about 600 feet up the track. The crossing was in no way obscured to the east to traffic from the north, nor in either direction to traffic coming from the south. The exact distance at which a train from the west would be visible to southbound traffic is in some dispute, but plaintiffs evidence shows it was slightly less than 70 feet.

The grove on the Wenzel farm shut off any view of the tracks to the west to one coming from the north for somewhere between one-quarter and one-half mile. There was, however, one point at which a fleeting glimpse of the track might be had, described by Mr. Wenzel in this way:

“Well, it is blind to the west until you once get right past the house. If you áre looking you can see through somewhat to see if something is coming; but if you have speed it is too late.
“I mean there is a small area that is visible south of the house between the house and this chicken house, if you especially knew where to look; you could pick out a train or something through there but you would have to especially look.”

Other evidence shows there was a slight gap through which a small segment of the track might be seen; but only as Mr. Wenzel said, “if you especially knew where to look.” Other truckers who used the road several times each day said they bad never noticed this aperture; they thought the view was entirely shut off. The entire record shows the opening was a very slight one, through which only a short section of the track might be seen in the fraction of a second available if the driver knew where to look or happened to be so fortunate as to glance at the right time. Whether the train might have been seen on the short stretch of track visible is only conjecture.

We have said a traveler is not bound to look at every point at which a train might be seen. Rosin v. Northwestern States Portland Cement Co., 252 Iowa 564, 572, 107 N.W.2d 559, 564. The possibility of view here was so fleeting and the segment of track that could be seen so small that we think il detracts nothing from the danger of the crossing.

No claim is made here as to Wickman’s contributory negligence. But the defendant urges with force and skill that *917 the crossing in question was not shown to be sufficiently dangerous to permit submission to the jury of the question of additional safeguards and warnings. Some principles are well settled. One is that a railroad company is not required to install a signaling device or station a flagman at every railway crossing. Glanville v. Chicago, R. I. & P. R. Co., 190 Iowa 174, 180, 180 N.W. 152, 155. Another holds that the statutory requirements for warnings at railway crossings, as the crossbucks, ringing the bell and blowing the whistle are minimum only; and that conditions may exist which require more. Russell v. Chicago, R. I. & P. R. Co., 249 Iowa 664, 668, 86 N.W.2d 843, 845, 846, 70 A. L. R.2d 927; Lindquist v. Des Moines Union Ry. Co., 239 Iowa 356, 360, 30 N.W.2d 120, 122.

A third principle, elementary of course, is that in this class of eases our duty is not to decide whether the crossing in question was in fact extraordinarily hazardous so that some warning beyond the statutory requirements was called for, but only to say whether there was substantial evidence from which a jury might so find. Rosin v. Northwestern States Portland Cement Co., supra, loc. cit. 252 Iowa 575, 107 N.W.2d 565; Russell v. Chicago, R. I. & P. R. Co., supra, loc. cit. 249 Iowa 671, 86 N.W.2d 847.

The general rule also is that whether the condition of a crossing, with its surroundings, is such as to call for additional warning devices, or flagmen, is a question for the jury unless reasonable minds could reach only one conclusion from the evidence. Plumb v. Minneapolis & St. L. Ry.

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Bluebook (online)
114 N.W.2d 627, 253 Iowa 912, 1962 Iowa Sup. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wickman-v-illinois-central-railroad-company-iowa-1962.