T. F. Christy Et Al. v. Thomas H. Blades Et Al‪.‬

This is a railroad crossing collision case. The jury found, in effect, that the truck driver violated Article 6701d, ? 86(d), by failing to stop within fifty feet but not less than fifteen feet from the nearest rail when the train was plainly visible and in hazardous proximity to the crossing and that this failure was a proximate cause of the collision. There is evidence to support plaintiffs contention that it was impossible for the driver to stop after the train became plainly visible, but impossibility of compliance is not established as a matter of law. The question to be decided is whether plaintiffs are correct in their further contention that the railroad, if it wished to rely upon the statutory violation as a defense under these circumstances, had the burden of obtaining a finding that the failure to stop was negligence under the common-law standard.