George O. Aldridge and Daisy M. Aldridge v. Baltimore and Ohio Railroad Company, a Body Corporate v. Keith D. Brelsford and Erie Insurance Exchange

I

Concurring in the judgment in Inman v. Baltimore & Ohio Railroad Company, 361 U.S. 138, 142, 80 S.Ct. 242, 244, 4 L.Ed.2d 198 (1959), Justice Whittaker stated:

Reduced to substance, the simple facts are that petitioner, a crossing flagman, while standing in a well-lighted intersection alongside a passing train in the nighttime and swinging a lighted red lantern in each hand, was struck, knocked down and run over by a drunken driver. What, I ask, did respondent do or omit that caused or contributed to cause that casualty? How could it have prevented the casualty? Petitioner says that…