Legal Opinion

McClure v. Philadelphia, Wilmington & Baltimore Railroad

Court of Appeals of Maryland

Decided June 22, 1871PublishedCited by 24 opinions

Appeal from the Superior Court of Baltimore City. The facts are given in the opinion of the Court. At the trial below, the plaintiff offered the following prayers: 1. 'Even should the jury find from the evidence that the conductor of the train in question had a right under the regulations of the company, and the contract made with the plaintiff, should they find such contract, to put the plaintiff off the train in question, the plaintiff is entitled to recover, if they find…

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Appeal from the Superior Court of Baltimore City. The facts are given in the opinion of the Court. At the trial below, the plaintiff offered the following prayers: 1. 'Even should the jury find from the evidence that the conductor of the train in question had a right under the regulations of the company, and the contract made with the plaintiff, should they find such contract, to put the plaintiff off the train in question, the plaintiff is entitled to recover, if they find that in so doing he acted in an unwarrantable manner, as to time or place or mode thereof. 2. That even should the jury…

1Opinion of the CourtGrason, J.

At the trial of this case in the Court below the plaintiff offered four prayers, the last of which was granted and the others were rejected, and the defendant offered one prayer which was granted. The plaintiff excepted to the rejection of his first three prayers and to the granting of the defendant’s prayer, and the judgment being against him, he has taken this appeal.

The first question to be considered is, whether a person, who has purchased a through ticket from New York to Baltimore, taken his place in a train, and entered upon his journey, has the right to leave the train at a…

2Cited by24 opinions

  1. Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1885
  2. Hufford v. Grand Rapids & Indiana Ry. Co.Michigan Supreme Court · 1884
  3. Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
  4. Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
  5. Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882

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