Legal Opinion

Baltimore & Ohio Railroad v. State

Court of Appeals of Maryland

Decided December 14, 1888PublishedCited by 14 opinions

Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. First and Second Exceptions, taken to the ruling of the Court below upon the admissibility of evidence, were not considered by this Court, and are therefore omitted.

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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. First and Second Exceptions, taken to the ruling of the Court below upon the admissibility of evidence, were not considered by this Court, and are therefore omitted. Third Exception.—The plaintiff offered the following-prayers that the Court (Stewart, J.,) granted: 1. That if the jury find from the evidence that on or about the 10th day of October, IBS/, Richard Ford Schroeder was killed by the locomotive and cars of the defendant while operated by its agents on its road, and that the equitable plaintiffs…

1Opinion of the CourtAlvey, C. J.

The decision of this case, to a considerable extent, -depends upon principles that were involved in the case of State, use of Ricketts, vs. Balto. & Ohio R. Co., (ante p. 494). In that case it was held, that, the place where the accident occurred not being a crossing, but being the exclusive right of way of the railroad company, and the party killed being wrongfully upon the track, *555there was no duty incumbent upon the employes of the company to keep a look-out for the protection of trespassers upon the road; and therefore there could he no recovery, even though there was negligence in the…

2Cases cited3 opinions

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878
  2. State ex rel. Bacon v. Baltimore & Potomac RailroadCourt of Appeals of Maryland · 1882
  3. Baltimore & Ohio Railroad v. MaliCourt of Appeals of Maryland · 1886

3Cited by14 opinions

  1. Eisenhower v. Baltimore Transit Co.Court of Appeals of Maryland · 1948
  2. Teakle v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1907
  3. Jackson v. Pennsylvania RailroadCourt of Appeals of Maryland · 1939
  4. Jones v. Baltimore Transit Co.Court of Appeals of Maryland · 1956
  5. Baltimore Transit Co. v. YoungCourt of Appeals of Maryland · 1947

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