STATE OF MARYLAND V. BALTIMORE TRANSIT CO.
329 F.2d 738 (4th Cir. 1964)
NATURE OF THE CASE: This was a personal injury action.
FACTS: P (intestate) was killed at a street corner in Baltimore after being struck by a
bus owned by D (Transit Company) and driven by an individual defendant. Judgment was entered
for Ds upon a general verdict. P objected to a jury instruction telling the jury to ignore
the presumption of ordinary care in accordance with the natural instinct of human beings to
guard against danger if the evidence shown at trial shows by a preponderance that P failed
to exercise ordinary care and that they could no longer rely upon the presumption. P
appealed. On appeal, both parties conceded that the federal courts in diversity cases are
bound by applicable state rules regarding the effect of presumptions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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