B & O RAILROAD CO. v. Brown

This cause of action was tried on plaintiffappellee’s second amended complaint for personal injuries. In said amended complaint she charges the defendant-appel lant railroad company (hereinafter referred to as “Railroad”) with certain acts of common law negligence and certain acts of negligence which were charges of the Railroad’s violation of the safety statutes.

Before the jury was instructed Railroad filed motions to withdraw from the jury’s consideration rhetorical paragraphs 9 (a) and 9 (b) of the second amended complaint and a motion to admonish plaintiff’s counsel.

Said rhetorical…