Baltimore & Ohio Railroad v. State ex rel. Miller
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This action was brought against the appellant, for the use of Mary Miller and John Miller, the equitable plaintiffs, to recover damages for the killing of one Otto G. Miller, who was the husband of Mary, and the father of John.
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Appeal from the Superior Court of Baltimore City. This action was brought against the appellant, for the use of Mary Miller and John Miller, the equitable plaintiffs, to recover damages for the killing of one Otto G. Miller, who was the husband of Mary, and the father of John. First Exception. — The deceased was killed on Ostend street, in the City of Baltimore, about twelve feet from the intersection of Russell street; he had gone down Russell street, and was crossing Ostend street; a steam engine and tender, with the tender ahead, was going westwardly on a rail road track of the appellant,…
1Opinion of the CourtStewart, J.
However the law may be, elsewhere, in regard to the duties of rail road companies in cases, like the present, where damages are claimed for alleged neglect and wrongful conduct, it is settled, in this State, by the decisions of this court in B. & O. R. R. Co. v. Worthington, 21 Md. 275; State v. B. & O. R. R. Co. 24 Md. 84; Bannon v. B. & O. R. R. Co. 24 Md. 108; and B. & O. R. R. Co. v. Breinig, 25 Md. 378. There is no feature, in this case, connected with the proposition involved in the first exception, to distinguish it from them, and particularly Breinig’s Case, where the instruction of…
2Cases cited4 opinions
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
- Bannon ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Baltimore & Ohio Railroad v. Breinig ex rel.BitterCourt of Appeals of Maryland · 1866
3Cited by25 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Kelly v. Huber Baking Co.Court of Appeals of Maryland · 1924
- Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
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