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Torts Keyed to Epstein
Baltimore and Ohio R.R. v. Goodman
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff was driving his automobile truck and was killed by a train operated by Defendant running at a rate of speed not less than sixty miles per hour. Plaintiff’s estate argued that he had no practical view beyond a section house until he was about twenty feet from the rail, or twelve feet from danger. Defendant’s engine was obscured by said section house. Plaintiff had been driving at ten or twelve miles per hour, but slowed down to five or six miles per hour as he neared the crossing. The railroad line was straight, it was daylight, and Plaintiff was familiar with the crossing. Plaintiff brought suit against Defendant. Defendant argued that Plaintiff’s own negligence caused his death. Defendant requested a directed verdict, however it was denied. The jury found for the Plaintiff. This decision was affirmed by the Circuit Court of Appeals. Defendant appealed.
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Topic Resources
2m 18s