Baltimore & Ohio R. R. v. Hawke

Harrington, J.,

delivering the opinion of the court:

The exceptions filed by the defendant below, the appellant in this court, raise three questions:

*341. Was the evidence of Evans and McKelvey, both of whom testified for the plaintiff below, and whose testimony is set out in detail in the statement of facts, admissible under the pleading in this case?

2. If admissible under the pleadings, was the evidence produced by the plaintiff below of such a character that it raised an issue for the jury as to whether the two trains were on the curve at the same time, and whether the receding eastbound train…