TOMPKINS v. BALTIMORE & OHIO R. CO.

No. 1027, C.A. 1948.

81 A.2d 288 (1951)

TOMPKINS v. BALTIMORE & OHIO R. CO.

Superior Court of Delaware, New Castle.

May 8, 1951.


Attorney(s) appearing for the Case

Robert C. Barab, of Wilmington, for plaintiff.

Thomas H. Wingate, of Wilmington, for defendant.

HERRMANN, J., sitting.


HERRMANN, Judge.

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

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