Pakora v. Wabash Railway Co.

1934

Venue: SCOTUS

Facts: Pakora is driving along the railroad, and there are some boxcars obscuring the view. Smash-up!

Posture: Directed verdict for the railroad at trial (relying on Goodman, affirmed on appeal.

Issue: Should the jury have been allowed to determine whether reasonable caution would preclude driving further?

Holding: Yes. Reversed and remanded for further proceedings.

Rule: Deciding what is prudent for a traveler when ordinary safeguards fail is a task for the jury.

Reasoning: He had a duty to be cautious, but there's a standard of prudent conduct at issue here. Maybe stopping and getting out would be at least as dangerous as proceeding-- there were lots of factors in play: other traffic, etc. We got a little carried away in Goodman and the result has been an unduly defendant-friendly standard.

Dicta: This is Cardozo. This is why courts need to be cautious articulating standards: people take them seriously, and the standards tend to set aside the particulars of the situation, which is a bad combination.