B. O.R.R. Co. v. Newton

The facts out of which this case arises are relatively simple, and were detailed with exceptional particularity in the case ofThe Baltimore Ohio Railroad v. State, use of McCabe,133 Md. 219, to which reference is hereby made, rather than to repeat them at length.

It has been assumed by the appellee in this case that it was necessarily controlled by the action of the Court in the McCabecase. Such, however, is far from being the fact.

McCabe, the plaintiff in that case, and Newton, the plaintiff in this case, were riding in an automobile crossing the tracks of the Baltimore Ohio Railroad at the…