Lohrey v. Baltimore & Ohio Rd. Co.

It is not necessary to discuss the issue of defendant’s negligence raised by the pleadings and evidence, since the evidence on that issue was conflict ing. We confine ourselves to the chief legal question presented, and that is whether the undisputed evidence and the testimony of plaintiff’s truck driver disclosed that he was guilty of contributory negligence as a matter of law. The Municipal Court and the Court of Appeals answered that in the affirmative. The facts may be brieflly stated. Those relating to contributory negligence come from the lips of the driver of the truck and were…