Baltimore & Ohio Railroad v. State Ex Rel. Andrews

This is an appeal by defendant from a judgment in a suit under Lord Campbell’s Act on account of the death of Olin R. Andrews in a collision between his automobile and defendant’s train at Roxbury, Maryland, on September. 23, 1946 at about 2 P. M. The principal question presented is whether the court was in error in refusing to direct a vérdict for defendant on the ground of contributory negligence. On this question evidence and permissible inferences most favorable to plaintiff will be stated as facts.

The collision occurred at the crossing of the single-track railroad and a county road at…