Baltimore & Ohio R. Co. v. Goodman, 275 U.S. 66 (1927)

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Baltimore & Ohio R. Co. v. Goodman

No. 58

Argued October 20, 1927
Decided October 31, 1927
275 U.S. 66

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. One who drives upon a railroad track relying upon not having heard a train or any signal and taking no further precaution does so at his own risk. If he cannot otherwise be sure whether a train is dangerously near, the driver must stop and get out of his vehicle before attempting to cross. P. 69.

2. In an action for negligence, the question of due care is not left to the jury when resolved by a clear standard of conduct which should be laid down by the courts. P. 70.

10 F.2d 58 reversed.

Certiorari, 271 U.S. 658, to a judgment of the circuit court of appeals sustaining a recovery for death caused by alleged negligence of the railroad in an action by the widow and administratrix of the deceased. The action was removed from an Ohio state court on the ground of diversity of citizenship.