70 Md. 69 | Md. | 1889
delivered the opinion of the Court.
The Philadelphia turnpike road crosses the track of the Union Railroad Company a short distance from the
The accident occurred on a dark rainy night about nine o’clock. An engine and tender were coming clown the road towards the crossing, running backwards, at a rate of speed, variously stated by defendant’s witnesses to be from twelve to fifteen miles an hour. No steam was used; but the engine and tender were going down grade. So far there is no conflict in the evidence. A witness for the plaintiffs (named Cassiday) testified that he was present at the time of the accident, and that no whistle was blown, and no bell was rung, and that there was no light on the back of the tender as it was approaching; but that after the engine had crossed the turnpike and stopped some distance down, there was a little light from the headlight. He is distinctly'contradicted by Mitchell, L.inthicum, Roff, Rodgers and O’Connor, witnesses for defendants; O’Connor being the watchman at the crossing, and the other four being on the engine and tender at the time of the- accident. It was the duty of the persons in charge of the locomotive, in approaching the crossing, “to give proper and sufficient signals of their approach, and to take all reasonable precaution to avoid collision. Failure in the strict performance of these duties to the public, whereby injury is inflicted on individuals, will subject the company to liability to respond in damages to the injured party.” Phila., Wilm. & Balto. Railroad Co. vs. Hogeland, 66
It was said by the counsel for the appellees that the evidence of Oassidav was untrustworthy, and was overwhelmingly contradicted by the other witnesses in the cause, and that for this reason it was the duty of the Court to take the case from the jury. And in support of this proposition, they cited several cases from the Supreme Court of the United States. In the last of these decisions in point of time, the opinion of the Court is thus stated; and it is the language of previous decisions of the Court: “It is the settled law of this Court, that, when the evidence given at the trial, with all the inferences which the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the Court is not bound to submit the case to the jury, but may direct a verdict for the
Judgment reversed, and new trial ordered.