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· 5/8/1905

Baltimore & O. R. Co. v. Connell

Citations

  • 137 F. 8
  • 69 C.C.A. 570
  • 1905 U.S. App. LEXIS 4533

Syllabus

<p>1. Railroads — Crossing Accident — Contributory Negligence — Question for Jury.</p> <p>In an action for the death of plaintiff’s husband by being struck by defendant’s railroad train at a crossing, evidence held to require submission of deceased’s contributory negligence to the jury.</p> <p>2. Same—Speed—Experts—Evidence.</p> <p>In an action for the death of plaintiff’s intestate at a railroad crossing, a conductor, who had been in defendant’s service for a long time, and was familiar with the locality at the place where the accident occurred, was competent to testify as an expert as to the rate of speed at which the locomotive would have to go in order to haul the train across the street in question, and into the yard of defendant’s railroad.</p>

Judges: Achfson

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