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BALTIMORE & OHIO R. CO. v. LEASURE

[No. 8, October Term, 1949.]

193 Md. 523 (1949)

69 A.2d 248

BALTIMORE & OHIO RAILROAD CO. v. LEASURE

Court of Appeals of Maryland.

Decided November 9, 1949.

Attorney(s) appearing for the Case

D. Lindley Sloan and E. Stuart Bushong, with whom were Wm. A. Gunter and Irvine H. Rutledge on the brief, for the appellant.

James Alfred Avirett and John Wagaman for the appellee.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

HENDERSON, J., delivered the opinion of the Court.

This is an appeal from a judgment for $14,000, entered by the court after the plaintiff filed a remittitur of $3,500, as directed by the court, from a jury verdict. The case arose out of an accident in Cumberland, in which a pedestrian was struck by a "shifter" backing over a railroad grade crossing. The declaration alleged negligence on the part of the railroad company, in the operation of the shifter at an excessive...

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