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

P was in his automobile, being driven by his daughter. The driver approached an intersection where streetcar tracks had to be crossed. The driver of the automobile testified that she did not see the oncoming streetcar until she was very close to the track. Finding herself in a position of danger, she decided she was too close to the car track to stop, and that she concluded the best thing to do was to attempt to get across the tracks before the streetcar could strike her. She failed in that the streetcar hit the rear portion of the automobile. P was injured and the automobile damaged. The jury was instructed that an error in judgment was negligence per se. The verdict went to D and P appealed.

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