Washington, Baltimore & Annapolis Railroad v. State ex rel. Goodwin

Citations

• 140 Md. 115

Syllabus

<p>Railroad — Person on Track — Intending Passenger — Contributory Negligence.</p> <p>A person who, at a flag station, leaving a position of safety, undertook to cross the track in front of a train which was visible at a distance of seven hundred feet, held guilty of contributory negligence. p. 117</p> <p>One who goes to a railroad station with the intention of taking a train, but abandons such intention or leaves the station platform just before the arrival of the train, does not occupy the relation of passenger toward the railroad company.</p> <p>pp. 118,119</p> <p>Where it is necessary to cross tracks in approaching or leaving a train, a passenger may assume that the railroad company will so operate its other trains, or otherwise perform its duty, as not to put him in peril, and he is not under the same obligation to look and listen as is incumbent in general on a person who approaches a railroad track with intent to cross it.</p> <p>p. 119</p> <p>The rule that it is not per se contributory negligence for a passenger, in going from a depot to a train, or vice versa, to attempt to cross a track without first looking and listening, does not apply when there is no invitation or inducement to cross, as where the car or train is not standing at a place appointed by the carrier for the exit or entrance of passengers, or where the passenger alights from the wrong side of a train.</p> <p>p. 119</p>