HOLLAND v. BALTIMORE & O. R. CO.

No. 12429.

431 A.2d 597 (1981)

Frances HOLLAND, et al., Appellants, v. BALTIMORE & OHIO RAILROAD COMPANY, et al., Appellees.

District of Columbia Court of Appeals.

Decided May 29, 1981.


Attorney(s) appearing for the Case

Florence R. King, Washington D. C., with whom Wiley A. Branton, Washington, D. C., was on the brief, for appellants.

Laidler B. Mackall, Washington, D. C., with whom Loren Kieve, Washington, D.C., was on the brief, for appellee Baltimore & Ohio Railroad Co.

James C. McKay, Washington, D. C., with whom Jeffrey G. Huvelle, Washington, D. C., was on the brief, for appellee Penn Central Transportation Co.

Alfred L. Singer, Washington, D. C., filed a brief for amicus curiae, Association of Plaintiffs' Trial Attorneys of Metropolitan Washington, D. C.

Before NEWMAN, Chief Judge, KELLY, KERN, NEBEKER, HARRIS, MACK, FERREN and PRYOR, Associate Judges, and GALLAGHER, Associate Judge, Retired.


NEBEKER, Associate Judge:

This appeal arises from trial court orders dismissing appellants' complaint with respect to appellee Baltimore & Ohio Railroad Company (B & O), and granting summary judgment on the complaint to appellee Penn Central Transportation Company (Penn Central). The complaint sought damages for injuries suffered by a nine-year-old child who was injured by a train while trespassing on an area of railroad right-of-way where the two appellees...

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