This section contains the nature of the case and procedural background.

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.

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