Reidel v. Philadelphia, Wilmington & Baltimore R. R.

Citations

• 87 Md. 153
• 39 A. 507
• 1898 Md. LEXIS 112

Syllabus

<p>Contributory Negligence—Injury to Trespasser on Railroad Company’s Private Right of Way— Violation of Municipal Ordinance as to Speed of Trains.</p> <p>When a person is injured by a railroad train in a city which was running at a greater rate of speed than that allowed by municipal ordinance, the violation of the ordinance is not per se such negligence upon the part of the company as will afford a cause of action. It must be shown that the injury was caused by the unauthorized speed, without any direct or contributory negligence on the part of ■ the plaintiff.</p> <p>Plaintiff, on a dark evening, attempted to cross the tracks of the defendant company at a point where there was no public crossing, and where there were several parallel tracks. He passed from behind three rows of cars standing on side tracks and started across, and was at once caught between two tracks upon which trains were passing in opposite directions and was injured by one of them. Held, that although plaintiff testified that he looked and did not see either train approaching, yet, it is clear from the nearness of the trains that if he had made proper use of his senses, he must have seen or heard the trains or one of them, and that consequently he was guilty of such contributory negligence in attempting to cross the tracks as precludes a recovery.</p>