Baltimore & O. R. v. Shaw

BUFFINGTON, Circuit Judge.

In . the court below Raymond E. Shaw recovered a verdict against the Baltimore & Ohio Railroad Company for damages caused, as he alleged, by the negligence of said company in its train striking the truck he was driving. On entry of judgment the railroad took this appeal. We assume the proof that the failure of the train to give notice by whistle or bell of its approach to the crossing is shown, and pass on to the underlying question, viz., whether in view of the testimony produced by the' plaintiff, the trial judge should have held Shaw guilty of contributory…