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

Pokora (P) drove a truck up to a Wabash (D) railroad crossing that had four tracks. There were boxcars on the first track and P could not see the tracks to the north. P stopped, looked as well as he could, and listened, and heard no bell or whistle. P drove slowly ahead and was struck by a passenger train on the main track. P sued D for the injuries suffered. The trial court granted a directed verdict for D; P was contributorily negligent as a matter of law. This ruling was affirmed by the Circuit Court of Appeals. The Supreme Court granted certiorari.

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