Jasper County Democrat, Volume 16, Number 99, Rensselaer, Jasper County, 18 March 1914 — DR. ERNEST WISHARD WINS OUT [ARTICLE]

DR. ERNEST WISHARD WINS OUT

I oriiier llensselaei* Boy’s Judgment for $5,000 Affirmed by Appellate Court, Indianapolis, .March 11.—The appellate court yesterday affirmed a judgment of $5,000 given by the Tipton circuit court, to Ernest E. Wishard against the Central Indiana nailway Company for personal injuries; The accident occurred August 2’j. 1910, when Wlsliard was attempting to cross the railroad track in an automobile in Noblesville. The railroad was making a "flying switch' with a number of freight cars.

The railroad company, on appeal, contended that there is a distinction between an automobile and a horse drawn vehicle as to the precautions a driver must take before attempting to cross railroad tracks, and that blue. courts should decide as a matter of law just xyhat precautions should be taken by one operating an automobile for his own safety as well a s that of the public. The appellate court refused to follow the railroad’s reasoning, saying: "In its last analysis the ultimate question in every case is always the same: Did the person attempting to cross the track, use that degree of care which an ordinary P’udent person won. have used, situated and circumstanced as the person who attempted to cross the track, whether on foot, on horseback, in a wagon, carriage, automobile, or any other vehicle.” The court says all of these questions are questions of fact for the Jury and refuses to decide the matter as a question of law.