Baughman v. Consolidated Rail Corp.

Plaintiff appeals from evidentiary rulings by the circuit court excluding the contents of files compiled by the Michigan Department of Transportation.

Plaintiff’s decedent was killed when the car in which she was a passenger was struck by a train coming through a railway crossing maintained and controlled by defendant, Consolidated Rail Corporation. Plaintiff sued defendant for negligence, basing his claims upon the company’s failure to maintain adequate warning devices or gates at the crossing to prevent accidents. In support of these claims, plaintiff attempted to offer into evidence…