This section contains the nature of the case and procedural background.

Goodman was driving across a railroad crossing when he was killed by one of D’s trains. His view of the crossing was blocked, but he didn't stop, look and listen for possible trains. His widow (P) sued D for damages. D asked for a directed verdict, claiming that Goodman's own negligence caused his death. The trial court found for P. The Circuit Court of Appeals affirmed. D appealed.

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