BALTIMORE & POTOMAC R'D v. CUMBERLAND

No. 87.

176 U.S. 232 (1900)

BALTIMORE & POTOMAC RAILROAD COMPANY v. CUMBERLAND.

Supreme Court of United States.

Decided February 5, 1900.


Attorney(s) appearing for the Case

Mr. Frederic D. McKenney and Mr. Wayne Mac Veagh for plaintiff in error. Mr. John Spalding Flannery was on their brief.

Mr. A.S. Worthington for defendant in error.


MR. JUSTICE BROWN delivered the opinion of the court.

Upon the trial the court left it to the jury to say whether the defendant was guilty of negligence in either of four particulars: (1) In failing to protect the tracks by a fence at the point where the accident occurred; (2) in failing to provide a proper light to give warning of the approach of the train; (3) the distance passed over by the train after it struck the plaintiff and before it was brought to a stop...

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