Koontz v. Baltimore Ohio R. R. Co.

Opinion by

Mr. Justice Drew,

The plaintiffs, father and son, recovered verdicts against the defendant in this action of trespass on the ground that the minor plaintiff was injured while using a permissive crossing, as a result of the negligence of the defendant. Having assigned as error the refusal of its motion for binding instructions, the overruling of its motion for judgment n. o. v., and the entry of judgments, the defendant appealed, insisting that there was no permissive crossing and that it was in no sense guilty of negligence.

A description of the locus in quo is necessary for a proper…