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SUPREME COURT OF THE UNITED STATES. No, 820.—Octoser Term, 1933, The Fairport, Painesville & Eastern) On Writ of Certiorari to Railroad Company, Petitioner, the Court of Appeals, VS. Seventh Judicial District Mayme F. Meredith. of the State of Ohio. [June 4, 1934] Mr. Justice SuTHERLAND delivered the opinion of the Court. Respondent recovered judgment against petitioner upon the ver- dict of a jury in an Ohio state court of first instance for a per- sonal injury resulting from a collision at a railroad-highway cross- ing between an automobile which she was driving and a train of cars operated by petitioner over its line of railroad. ‘There is evidence that the train approached the crossing without sounding the whistle of the engine or ringing the bell so as to give warning of the train’s approach. There is also evidence which fairly estab- lishes that as respondent drew near the crossing the train was in plain view for a sufficient length of time to have enabled respond- ent, by the use of ordinary care, to see the train, stop and avoid the collision, and, therefore, that she was guilty of contributory negligence. Miller v. Union Pacific R. Co., 290 U. 8. 227, 231. The train was equipped with air brakes, in conformity with the federal Safety Appliance Act, as amended, U. S. C., Title 45, e. 1, §§ t and 9, and the orders of the Interstate Commerce Commission made 1Section 1, Tt shall be unlawful for any common earrier engaged in inter- state commerce by railroad to use on its line any locomotiv. engine in moving interstate traffic not equipped with a power driving-wheel brake and appliances for operating the train-brake system, or to run any train in euch traffic that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control ita apeed without requiring brakemen to use the common hand brake for that purpose, Section 9. Whenever, as provided in this chapter, any train is operated with power or train brakes not Icss than 50 per centum of the cars in such train shall have their brakes used and operated by the engineer of the loco- motive drawing such train; and all power-braked cars in such train which