James Oliver Conrad and Suzanne Conrad Godot, Executors of the Estate of William O. Conrad, Deceased v. The Baltimore and Ohio Railroad Company

This is an appeal by the plaintiffs from the involuntary dismissal of their complaint under Civil Procedure Rule 41(b), 28 U.S.C. at the close of the plaintiffs’ evidence. The suit was brought by the plaintiffs for damages for the death of their decedent in a grade crossing collision between an automobile in which he was a passenger and a freight train of the defendant railroad. The District Court granted the defendant’s motion for involuntary dismissal because the plaintiffs had failed to show any negligence on the part of the defendant which contributed to the accident. The evidence is…