Court of Appeals for the D.C. Circuit March 31, 1908, No. 1826 (Conger v. Baltimore & Ohio Railroad)

Mr. Justice Van Orsdel

delivered the opinion of the Court:

It will sufficiently dispose of this appeal if we confine our inquiry to the fifth assignment of error. This raises the main issue here involved. Was the appellee negligent in the duty it owed to the deceased, or was the deceased guilty of such contributory negligence as will furnish a defense for the appellee and prevent a recovery ?