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Baltimore & Ohio Railroad Co. v. Goodman

United States Supreme Court

275 U.S. 66 (1927)

Relevant factsFree

Nathan Goodman slowed to five or six miles per hour approaching a railroad crossing but could not see or hear an oncoming train because a nearby building blocked his view; he was struck and killed. His wife (plaintiff) sued Baltimore and Ohio R.R. (defendant) for his death. At trial, the railroad argued Goodman's own failure to check for trains caused his death; the jury and court of appeals sided with Goodman's estate, and the Supreme Court granted certiorari.

IssueFree

Whether a driver's failure to get out of his car and look for oncoming trains at an obstructed railroad crossing amounts to contributory negligence barring recovery.

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