Peigh v. Baltimore & O. R. Co

WASHINGTON, Circuit Judge.

This is a negligence case, arising out of the collision of a moving automobile occupied by plaintiffs-appellants with a boxcar standing parked on defendant-appellee’s railroad tracks running along K Street, N. W., in the industrial part of Georgetown in the District of Columbia. The issue raised on appeal is whether the trial court erred in directing a verdict for defendant, after the evidence for both sides was in. It held that as a matter of law plaintiffs’ recovery was doubly barred — by absence of proof of defendant’s negligence and by plaintiffs’ own…