Baltimore & Ohio Railroad v. Barger
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. The appellee, while a passenger on defendant’s train, was assaulted by the conductor, and brought an action against the appellant to recover damages. The evidence on the part of the defendant tended to show that the assault was provoked by threatening and profane language on the part of the plaintiff, while this was denied by the latter.
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Appeal from the Circuit Court for Washington County. The appellee, while a passenger on defendant’s train, was assaulted by the conductor, and brought an action against the appellant to recover damages. The evidence on the part of the defendant tended to show that the assault was provoked by threatening and profane language on the part of the plaintiff, while this was denied by the latter. The first exception was taken to the refusal of the Court, (Stake, J.) to allow the conductor to be asked whether, on some other occasion, the plaintiff had not uttered threats against him. The second…
1Opinion of the Court
Boyd, J.,
delivered the opinion of the Court. .
This.was an action brought by Theophilus Barger, the. appellee, againt the Railroad Company for an alleged assault upon him by the conductor in charge of the train on which the appellee was a passenger. The evidence was conflicting as to the conduct of Barger. He testified that he was riding on the step of the rear car, as the train was crowded; that when the conductor came out on the platform he handed him his ticket and remarked to the conductor: “You did not get all your tickets to-night;” that the conductor accused him of applying an…
2Cases cited6 opinions
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Handy v. JohnsonCourt of Appeals of Maryland · 1853
- Central Railway Co. v. PeacockCourt of Appeals of Maryland · 1888
- Gaither v. BlowersCourt of Appeals of Maryland · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Todd v. Mass Transit AdministrationCourt of Appeals of Maryland · 2003
- Heinze v. MurphyCourt of Appeals of Maryland · 1942
- Boies v. ColeArizona Supreme Court · 1965
- Great Atlantic & Pacific Tea Co. v. NoppenbergerCourt of Appeals of Maryland · 1937
- Baltimore & Ohio Railroad v. StrubeCourt of Appeals of Maryland · 1909
19 more not listed; retrieve them via the Exa API.