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

A driver of Detroit United Railway Co.'s (D) train saw Phinney's (P) wife drive toward the railroad track. He assumed that she would stop, and did not apply the brakes until he was 40 feet from the crossing. As a result, P's wife died. The train's driver had a reputation for recklessness, but P was not allowed to introduce this evidence at trial. Since D made a reasonable effort to stop the train, P received no damages from the court. P appealed.

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