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A state statute required that any freight train operating within the city limits be able to stop within 200 yards of applying its brakes. No
A state statute required that any freight train operating within the city limits be able to stop within 200 yards of applying its brakes. No fixed speed limit was established or particular type of braking mechanism was required, but through either lowered speed or braking power, the 200 yard limit was required of all trains. Another statute prohibited motor vehicles from being within the railroad crossing when the lights on the warning signs are flashing or when the gates are lowered. One day, as an Eastern Pacific freight train was entering the city limits of Metropolis, the engineer saw a car stalled at a street crossing ahead. He immediately applied full braking power, but was unable to stop the train before it had hit and demolished the car. Perry, the driver of the car, had gotten clear before the impact, but brought suit against Eastern Pacific for property damage to his vehicle. At trial, the parties stipulated that Perry's car was stalled within the crossing while the warning lights were flashing. Evidence at trial established that the distance from the point at which the engineer applied the train's brakes to the point of impact was 150 yards, and that the distance from the point at which the engineer applied the train's brakes to the point at which the train finally stopped was 225 yards. No other evidence of negligence was presented by Perry. Is Eastern Pacific liable to Perry under the doctrine of "negligence per se
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