PATAPSCO R.R. CO. v. BOWERS

[No. 120, October Term, 1956.]

213 Md. 78 (1957)

129 A.2d 802

PATAPSCO & BACK RIVERS RAILROAD COMPANY ET AL. v. BOWERS

Court of Appeals of Maryland.

Motion for rehearing filed March 23, 1957.

Denied April 12, 1957.


Attorney(s) appearing for the Case

Michael P. Crocker and Franklin G. Allen, with whom were Piper & Marbury on the brief, for the appellants.

George L. Clarke and Everett L. Buckmaster, with whom were George W. White, Jr., Joseph Leiter and Buckmaster, White, Mindel & Clarke on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.


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

A tractor-trailer and a diesel locomotive tried to occupy the same space at the same time at a crossing on land of the Bethlehem Steel Company. A jury awarded Bowers, the driver of the tractor-trailer substantial damages. The railroad and the locomotive engineer appeal from the judgment that followed, urging upon us with earnestness and vigor that there was no primary negligence, that Bowers was contributorily negligent...

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