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Keywords

plaintiffnegligenceliability

negligenceliabilityhearing

Related Cases

Baltimore & O.R. Co. v. Goodman, 275 U.S. 66, 48 S.Ct. 24, 72 L.Ed. 167, 56 A.L.R. 645, 25 Ohio Law Rep. 571

Facts

Nathan Goodman was driving an automobile truck towards a railroad crossing when he was struck and killed by a train traveling at a high speed. The defense argued that Goodman was negligent, as he failed to stop and look for the train before entering the crossing. Evidence suggested that Goodman had limited visibility of the train until he was very close to the tracks, and although he reduced his speed as he approached, the court found that he did not take adequate precautions to ensure his safety.

Goodman was driving an automobile truck in an easterly direction and was killed by a train running southwesterly across the road at a rate of not less than 60 miles an hour.

Issue

Did Nathan Goodman's own negligence contribute to his death, thereby absolving the Baltimore & Ohio Railroad Company of liability?

Rule

A driver approaching a railroad crossing has a duty to stop and look for oncoming trains, and if they cannot ascertain whether a train is approaching, they must take further precautions to ensure their safety.

Analysis

The court applied the rule by examining the circumstances surrounding Goodman's approach to the crossing. It noted that Goodman was familiar with the crossing and should have anticipated the danger posed by the train. The court concluded that Goodman failed to take the necessary precautions, such as stopping and looking, which ultimately led to his death. The court emphasized that the responsibility lies with the driver to ensure their safety when approaching railroad tracks.

It seems to us that if he relies upon not hearing the train or any signal and takes no further precaution he does so at his own risk.

Conclusion

The court reversed the judgment in favor of the plaintiff, concluding that Nathan Goodman's own negligence was the proximate cause of his death.

Judgment reversed.

Who won?

Baltimore & Ohio Railroad Company prevailed in the case because the court found that Nathan Goodman's negligence was the primary factor leading to the accident.

the court found that Nathan Goodman's negligence was the primary factor leading to the accident.

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