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MOLITCH v. BALTIMORE & OHIO RAILROAD COMPANY

No. 2857.

176 A.2d 360 (1961)

Matthew T. MOLITCH and Imperial Insurance Incorporated, a corporation, Appellants, v. BALTIMORE & OHIO RAILROAD COMPANY, a corporation, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided December 21, 1961.

Attorney(s) appearing for the Case

Joel Savits, Washington, D. C., with whom Samuel Barker, Washington, D. C., was on the brief, for appellants.

Charles G. Williamson, Jr., Washington, D. C., with whom Laidler B. Mackall, Washington, D. C., was on the brief, for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

CAYTON, Judge.

Molitch and his insurer sued the railroad company alleging that while Molitch's vehicle was parked near a railroad track in defendant's yard and as a result of the sole negligence of a named railroad employee in operating a train, a box car in said train struck and damaged plaintiff's vehicle. Defendant filed an answer denying negligence and charging Molitch with contributory negligence. After pre-trial defendant moved for summary judgment which was...

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