Brinkman v. Baltimore & Ohio Railroad

This is an appeal on questions of law from the judgment of the Common Pleas Court of Montgomery County sustaining defendant’s motion for judgment on the pleadings.

This is an action brought by Norma Jean Brinkman, a minor, by her next friend, to recover damages for personal injuries sustained when an automobile in which she and her mother were passengers was struck at a crossing by a train operated by the defendant company. The mother was killed. An action for wrongful death was brought by the administrator of the mother’s estate. In that action, a verdict was returned in favor of the…