Baltimore & O. R. v. Coppock

Citations

• 179 F. 682
• 103 C.C.A. 86
• 1910 U.S. App. LEXIS 4689

Syllabus

<p>Railroads (§ 350*) — Accidents at Crossings — Contributory Negligence.</p> <p>Plaintiff’s intestate was struck and killed by a train while driving a team over a grade crossing on defendant’s railroad. He had stopped and looked and listened at a point 25 or 30 feet from the crossing, where travelers usually stopped, and from where the track could be seen for 1,450 feet. Not seeing or hearing any train, he drove on, and from that point until his horses were on the track his view was obstructed by a station shed. The train approached at a speed of 60 miles an hour, and there was evidence tending to show that it gave no signal until the deceased was upon the crossing. Held, that deceased was not chargeable with contributory negligence as matter of law, but that question, as well as the question of defendant’s negligence, was properly submitted to the jury.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1166-1192; Dec. Dig. § 350.*]</p>