Baltimore & Ohio Railroad v. Wright

Marbury, C. J.,

delivered the following dissenting opinion, in which Henderson, J., concurred.

One of the important questions in this case is whether the speed of appellant’s train was a proximate cause of the accident. The testimony most favorable to the ap*575pellees as to the speed is that of the witness Wright, who said it was going from 35 to 40 miles per hour. The town ordinance limited the speed to 20 miles per hour. When the engineer rounded the curve which was the first point at which he could see the Tasker car on the track, he was 312 feet away. At 20 miles an hour, the testimony showed…