Legal Opinion

Rosenkovitz v. United Railways & Electric Co.

Court of Appeals of Maryland

Decided June 24, 1908PublishedCited by 19 opinions

Appeal from the Superior Court of Baltimore City (Niles, J.) Defendant’s 3rd Prayer. — If the jury believe from the evidence that at the time he received the injuries for which this suit is brought, the plaintiff was upon the car of the defendant for the purpose of selling newspapers to the passengers, then the verdict must be for the defendant, unless the jury further find that the injury to the plaintiff was caused by the conductor of the car either wantonly or with…

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Appeal from the Superior Court of Baltimore City (Niles, J.) Defendant’s 3rd Prayer. — If the jury believe from the evidence that at the time he received the injuries for which this suit is brought, the plaintiff was upon the car of the defendant for the purpose of selling newspapers to the passengers, then the verdict must be for the defendant, unless the jury further find that the injury to the plaintiff was caused by the conductor of the car either wantonly or with reckless carelessness, pushing and kicking the plaintiff off the car while it was in-motion. (Granted in connection with the…

1Opinion of the CourtBriscoe, J.

The record in this case contains' four bills of exception. Three relate to the rulings of the Court upon the admissibility of testimony, and the fourth presents the action of the Court in refusing the plaintiff’s prayers, in granting the defendant’s third, fourth, and sixth prayers, and further in granting a writ ten instruction designated as Court’s Instruction No. i in lieu of the plaintiff’s rejected prayers, and also to the action of the Court, at its own instance, in granting a verbal instruction, which will be quoted in full in a subsequent part of this opinion.

The suit was brought by…

2Cases cited21 opinions

  1. New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
  2. Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
  3. Maenner v. CarrollCourt of Appeals of Maryland · 1877
  4. Baltimore & Ohio Railroad v. State Ex Rel. BlackCourt of Appeals of Maryland · 1908
  5. Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Fraidin v. WeitzmanCourt of Special Appeals of Maryland · 1992
  2. Cochran v. StateCourt of Appeals of Maryland · 1913
  3. Atlas Realty Co. v. GaltCourt of Appeals of Maryland · 1927
  4. Feinglos v. WeinerCourt of Appeals of Maryland · 1942
  5. Duff v. United StatesCourt of Appeals for the Fourth Circuit · 1949

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