Baltimore and Ohio Railroad Co. v. Goodman

1927

Venue: SCOTUS

Facts: Goodman is driving, and can't see around the corner at a railroad crossing. Smash-up! He's dead. Was the railway negligent?

Posture: Verdict for the plaintiff at trial, judgment affirmed by the court of appeals.

Issue: Was Goodman's death his own fault? (Should this matter have been handed to the jury, or should the court have directed a verdict for the defendant, given the facts?)

Holding: Looks like Goodman was not being careful; reversed.

Rule: Where the standard of conduct is clear, the court should so specify.

Reasoning: It was broad daylight, Goodman knew the place, he knew there might be a train... if you proceed in these circumstances, it's at your own risk.

Dicta: This is Holmes. If you need to get out of the vehicle and look, in order to be sure, then by golly that is what you should do. (also dissent, not reproduced here: that's an unreasonable burden-- trains can zoom up in the time it takes for you to get back in your truck).