Howser v. Cumberland & Pennsylvania Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This was an action to recover damages for a personal injury alleged to have been caused by defendant’s negligence.
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Appeal from the Circuit Court for Washington County. This was an action to recover damages for a personal injury alleged to have been caused by defendant’s negligence. The plaintiff testified that while walking home to dinner over a path usually tálcen by him between the railroad and some private dwelling houses in the city of Cumberland, he saw defendant’s train approaching on the outside and nearest track to him, and when the train got opposite to him he saw a gondola car of said train piled up with railroad cross-ties (and he supposed there was a jar on the track) and a part of the said…
1Opinion of the CourtRobert’s, J.
This appeal brings before us for consideration a single question, yet one of interest and some importance, the determination of which is not entirely free from difficulty. In the fall of 1892, whilst the defendant was passing from the place of his employment to his home, he walked ovér a footpath on the land of William E. Walsh, in the city of Cumberland, which had been for twenty years used by various persons. This path extended along the roadbed of the appellee, but not upon its right of way.
As the plaintiff proceeded on his way to his home the defendant’s train was approaching on the…
2Cases cited8 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Dixon v. PlunsCalifornia Supreme Court · 1893
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Graham v. BadgerMassachusetts Supreme Judicial Court · 1895
- Fitzgerald v. RailroadSupreme Court of North Carolina · 1906
- Clough & Molloy, Inc. v. ShillingCourt of Appeals of Maryland · 1925
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