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SENS v. BALTIMORE & OHIO R.R. CO.

March 25, 1957

Henry B. SENS, Jr., Plaintiff,
v.
The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant



The opinion of the court was delivered by: GOURLEY

This is a claim for personal injuries resulting from an accident which occurred at a most dangerous and hazardous public crossing of The Baltimore and Ohio Railroad Company.

Upon jury trial a verdict was returned in favor of plaintiff in the amount of $ 129,500.

 The matters before the court are two-fold:

 (1) Motion to set aside the verdict or for judgment notwithstanding the verdict for the reason:

 (a) Plaintiff was contributorily negligent as a matter of law under the incontrovertible physical facts doctrine.

 (a) Proof adduced at trial was at variance with certain statements made by counsel at pre-trial conference.

 (b) Prejudicial conduct on the part of the court in its actions toward defense counsel.

 (c) Fundamental error was committed in allegedly submitting the case to the jury upon the legal thesis that jury could find negligence on the part of the defendant in not getting the train under control after discovering the plaintiff on the crossing.

 (d) The court erred by charging a duty on part of defendant to maintain a public crossing with proper safeguards for the public.

 (e) The verdict was based upon false testimony.

 (f) The verdict was excessive.

 Motion for Judgment N.O.V.

 Defendant does not contest that there is evidence of negligence on its part in maintaining an unusually hazardous and dangerous crossing, but contends that plaintiff was guilty of contributory negligence as a matter of law under the ...


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