Molitch v. Baltimore & Ohio Railroad

CAYTON, Judge.

Molitch and his insurer sued the railroad company alleging that while Molitch’s vehicle was parked near a railroad track in defendant’s yard and as a result of the sole negligence of a named railroad employee in operating a train, a box car in said train struck and ' damaged plaintiff’s vehicle. Defendant filed an answer denying negligence and charging Molitch with contributory negligence. After pre-trial defendant moved for summary judgment which was denied. But the trial court ordered as follows: “Sua sponfe, the Court hereby dismisses the complaint filed herein on the ground…