In his book entitled
"The Common Law", Justice Holmes dreamed of the day when "the vague test of ...
care exercised by a prudent man" would be substituted for by "a precise one of
specific acts or omissions." "The tendency of the law" he maintained "must always
be to narrow the field of uncertainty." In Goodman, Justice Holmes attempted to
"[lay] down a standard once and for all," requiring an automobile driver approaching
a railroad crossing with an obstructed view to "stop, look and listen." Baltimore
& Ohio R.R. v. Goodman, 275
U.S. 66, 70 (1927). The
Baltimore & Ohio R.R. v. Goodman case has been overruled by Pokora
v. Wabash Ry., 292 U.S. 98 (1934).