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Torts Fall Reading group version #2

Pokora v. Wabash RY. Co.

Should judges impose strict rules defining reasonable conduct in dangerous or unusual situations or should they defer to the jury? Plaintiff's car was struck by a train while driving through a railway grade crossing with poor visibility. The plaintiff did not leave his car to inspect the crossing before proceeding; there was a prior Supreme Court case which required individuals to make such inspections. The district court directed a verdict for the defendant based on the plaintiff's failure to follow the rule.