Glinsey v. Baltimore & Ohio Railroad Co.

MEMORANDUM OPINION AND ORDER

BATTTSTI, Chief Judge.

This cause presents a question of law which must be determined prior to trial: Whether the absence of statutory railroad signals imposes strict liability upon the defendant railroad for the loss proximately caused by violation of ORC §§ 4955.32 and 4955.34, so that contributory negligence is not a defense.

Section 4955.32 reads:

“Every company shall attach to each locomotive engine passing upon its railroad a bell of the ordinary size in use on such engines and a steam or compressed air whistle. When an engine in motion and approaching a…