Western Maryland Railroad v. Kehoe

Citations

• 86 Md. 43
• 37 A. 799
• 1897 Md. LEXIS 106

Syllabus

<p>Negligence—Accident at Railway Crossing—Conflicting Evidence— Instructions.</p> <p>It is for the jury to determine the credibility of testimony; and if the evidence offered by the plaintiff in an action is such that if believed by the jury they may lawfully find for the plaintiff, the case cannot be withdrawn from their consideration, although the plaintiff’s evidence is contradicted in material particulars by that of the defendant.</p> <p>In an action of negligence against a railway company, the plaintiff’s evidence was to the effect that while driving at night along a country road he slackened his speed upon approaching a railway crossing and looked and listened, but heard nothing and saw nothing; that the night was dark and there was no light visible upon any car or engine and no bell was rung or other signal given; that a freight car which was drifting down one of the tracks, without a light in front, struck plaintiff’s buggy as he was driving across and threw him out between the tracks, rendering him unconscious, and while in this position another car quickly followed which passed over plaintiff’s leg; that the place where the plaintiff was lying when so injured was within the limits of the road and a few feet from the plank crossing; that the brakeman in charge of the car which struck the buggy was at the time on the end of the car furthest away from plaintiff; that after this car had passed the brakeman discovered plaintiff lying between the tracks and cried out a warning to stop the other car, but that the same was not stopped in time. The evidence on the part of the defendant was that the night in question was not dark but moonlit; that while the cars were being shifted across the road the bell on the engine was being constantly rung; that any one approaching the track could clearly see the cars; that the plaintiff was intoxicated and drove rapidly upon the track without looking or listening. Held,</p> <p>ist. That if the jury believed the plaintiff’s ev