Baltimore & Ohio Railroad v. Newton

Citations

• 137 Md. 21

Syllabus

<p>Accident at Railroad Grossing — Negligence of Automobile Driver.</p> <p>The testimony of the driver of an automobile that he stopped, looked and listened at a point twenty-five to thirty feet from the crossing, from which point there was an unobstructed view of the track; that he neither saw nor heard anything to indicate the proximity of danger, and that he first saw the train when he was on the track and it was only a few feet away, held not to be credible in view of uncontradicted testimony that the train was a heavy one, consisting of a locomotive and eight cars, with an acetylene headlight brightly burning, moving about twenty-five miles an hour.</p> <p>In an action for injuries received by one while attempting to drive his automobile across defendant’s track at a crossing, held that a verdict should have been directed on the ground of contributory negligence on the part of plaintiff and a lack of legal evidence to support a recovery by plaintiff.</p>