Carmichael v. Baltimore & Ohio Railroad

Appellant brought this action to recover damages for injuries received when the automobile which he was driving ran into the side of a moving freight train.

A demurrer to appellant’s amended complaint was sustained. Appellant refused to plead further and judgment was entered against him. He assigns as error the sustaining of the demurrer.

The allegations of the complaint material to this opinion may be summarized as follows: A much traveled highway runs in a northerly and southerly direction and intersects appellee’s railroad. The road, from a point approximately a quarter of a mile south of…