State ex rel. Tilghman v. New York, Philadelphia & Norfolk Railroad

Citations

• 127 Md. 675

Syllabus

<p>Railway engineers: persons approaching track; contributory negligence; crossing tracks without looking. Evidence : erroneous ruling; when no cause for reversal.</p> <p>- A party in full possession of his faculties, who, for a distance of even 40 feet, has an unobstructed view of an approaching railroad engine, before he reached the place on the tracks where he was struck by the engine, and who if he had paused and looked before attempting to cross the tracks, would have avoided the accident, is guilty of contributory negligence as a matter of •law. p. 677</p> <p>When the engineer of a railroad engine sees a person approaching, a railroad crossing, he has the right to assume that he will stop in a place of safety, and not attempt to cross in front of the approaching engine. p. 679</p> <p>In such a case where there is no evidence that the engineer neglected any precautions to avoid the accident, after he discovered the dangerous position of such party, a prayer taking the case from the jury is properly granted. p. 680</p> <p>The ruling of a Court sustaining an objection to evidence, can not be reversible error, when the same is elsewhere admitted in the case with objection. , p. 680</p>