County Commissioners v. Baker
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This was an action brought on the 18th of November, 1874, in the Circuit Court for Baltimore County, by the appellees against the appellants, to recover damages for injuries sustained by the appellee, Mary E. Baker, on the 29th of April, 1874, while crossing a bridge on a public road in Baltimore County. The case was removed to the Baltimore City Court, and thence to the Circuit Court for Howard County, where it was tried.
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Appeal from the Circuit Court for Howard County. This was an action brought on the 18th of November, 1874, in the Circuit Court for Baltimore County, by the appellees against the appellants, to recover damages for injuries sustained by the appellee, Mary E. Baker, on the 29th of April, 1874, while crossing a bridge on a public road in Baltimore County. The case was removed to the Baltimore City Court, and thence to the Circuit Court for Howard County, where it was tried. The defendants demurred to the declaration ; the demurrer was overruled ; the defendants then pleaded “not guilty,” and…
1Opinion of the CourtStewart, J.
Through some neglect in the repair of a bridge, on one of the public highways of Baltimore County, a severe injury was sustained by one of the appellees.
Suit for the recovery of damages for the negligence, was instituted against the Commissioners of that county, and the only question involved, is whether as the law stood at the time, they were answerable.
It is conceded to be the established law of the State, that the Commissioners are liable, if they possessed the power and had control of the means to have had the bridge repaired. Duckett’s Case, 20 Md., 468; Gibson’s Case, 36 Md., 229.
The…
2Cases cited2 opinions
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- County Commissioners v. GibsonCourt of Appeals of Maryland · 1872
3Cited by18 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Godwin v. County CommissionersCourt of Appeals of Maryland · 1970
- Eastman v. Clackamas Co.United States Circuit Court · 1887
- Bailey v. Lawrence CountySouth Dakota Supreme Court · 1894
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