Conrad v. Baltimore & Ohio Railroad

WILLSON, District Judge.

The fatal accident of which this litigation is concerned occurred on January 9, 1952 at the same crossing described in the case of Dostal v. Baltimore & O. R. Co., 3 Cir., 189 F.2d 352. There are some differences, however, in the character of the crossing which will be mentioned.

The accident with which we are concerned happened between 6:30 and 6:45 A.M. The roadway was wet, but there was no storm either of snow or rain. Visibility was variously described, but the evidence shows that it was cloudy.

There was one eye-witness to the accident. It was on the testimony of…