Tompkins v. Baltimore & Ohio Railroad

Herrmann, J.:

This is an action to recover damages for personal injuries sustained in a railroad crossing accident. The case was tried by court without jury.

There is little dispute as to the facts. On October 31, 1947, at about 2:00 o’clock in the afternoon, the plaintiff was driving a light truck in a northerly direction on Newport Gap Turnpike toward its intersection with the defendant’s railroad tracks. The highway was a main thoroughfare. The railroad crossing was used by the defendant approximately four times each day. The defendant’s train was being operated in an easterly direction…