E. A. Bream Co. v. Baltimore & Ohio Railroad

Opinion by

Keller, P. J.,

Two legal questions are involved in this appeal: (1) Does an appeal lie from the order of the court below? (2) Was the plaintiff’s driver guilty of contributory negligence, as matter of law? We think both must be answered in the affirmative.

1. The plaintiff brought an action of trespass to recover the damages to its automobile caused by a collision with defendant’s train. Defendant presented a point for binding instructions in its favor, which the court refused. The jury disagreed. Defendant then obtained a rule to show cause why judgment should not be entered in its…