State ex rel. Silver v. Philadelphia, Baltimore & Washington Railroad

Citations

• 120 Md. 65

Syllabus

<p>.Negligence: contributory — / burden of proof shifted. Railroad tracks: themselves a warning. Evidence: mere conjecture and speculation not alloveed. Failure to examine a witness; no legal presumption.</p> <p>Railroad tracks are themselves some warning of clanger, p. 68</p> <p>When a person is injured while negligently trying to cross before an approaching train, the burden of proof is upon the plaintiff to show that the agents of the company were guilty of negligence in not avoiding the accident, notwithstanding the negligence of the party injured. p. 69</p> <p>The failure of a party to a suit to examine a certain witness should raise no legal presumption against him. pp. 69-70</p> <p>Railroad companies are not held so strictly to their duty to protect persons crossing railroad tracks in the open country as they are in the city. ' p. 76</p> <p>The failure of the engineer of a train to give any signal as he approaches a crossing can not be given in evidence of negligence, where there is no evidence that such failure was in any way connected with the injury complained of. p. 77</p> <p>A case should not be allowed to go to the jury when there is nothing but mere conjecture and speculation as to how the injury complained of occurred. p. 77</p>