Baltimore Rail Road v Goodman, case brief


Baltimore RR v Goodman

Goodman driving less than 60mph

Slowed down to 10mph to listen for train

Looks, but view blocked by track homes

Proceeded across 5-8mph

hit and killed by train

Widow sued

Won at trial (later reversed in favor of RR for Goodmans own negligence in not checking with reasonable care)

Holding (Holmes)

Judgement reversed, shown Goodman had not taken reasonable care > he was negligent (he should have gotten out of his car to look, because of the  judge made standard)

When the standard is clear, the courts should advise the jury of that

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