U.S.A.C. Transport, Inc. v. Baltimore & Ohio Railroad

THOMSEN, Chief Judge.

These actions, which were consolidated for trial and were heard together by the court without a jury, arise out of a collision between a B & 0 train and a tractor-trailer unit which had “hung up” on one of the outside rails at a grade crossing because of the road’s steep approach to the tracks and the extremely low cleai-ance of the trailer, only 12 inches above the ground. The claims of the two plaintiffs (U. S. A. C. Transport and Ozmer) against the B & 0 and the B & O’s counterclaims raise questions as to the nature of the crossing, negligence, assumption of risk,…