Dietrich v. Canton Railroad Co.

Charles Dietrich, driving his wife’s automobile west on O’Donnell Street in Baltimore City, across single tracks of the Canton Railroad Company, was struck by a backing and unattached engine, proceeding north on the crossing. He sued to recover damages for personal injuries; his wife sued for damages to the automobile. The trial court directed verdicts for the defendant in her case, on the ground that the evidence of primary negligence was legally insufficient, and in his case on the lack of such evidence, and also on the ground of his contributory negligence.

O’Donnell Street at the point of…