Green v. Baltimore & Ohio Railroad

In an action against the appellee railroad company for negligence resulting in the death of appellants’ decedents, caused by a collision between the automobile of one of the decedents and a locomotive, at a grade crossing, it was claimed by appellants that the railroad company was negligent because of failure to sound the engine whistle before passing over the crossing, as required by statute; and that such negligence was the proximate cause of the collision and resulting deaths and damages.

The applicable statute is Title 49, Revised Code of Ohio, Section 4955.32, which provides:

“Every…