Posten v. Baltimore & Ohio Railroad

MeREDith, Judge:

The Circuit Court of Marion County, on its own motion, certifies to this court for review certain questions arising on the sufficiency of plaintiff’s declaration.

The action is for the recovery of damages for personal injuries sustained by plaintiff while attempting to cross certain tracks of the Baltimore and Ohio Railroad Company, at or near a highway crossing in the town of Lumberport, Harrison County. The declaration sets out the circumstances giving rise to the accident and alleges various acts and omissions said to constitute negligence on the part of defendants, which…