State Ex Rel. Henderson v. United Railways & Electric Co.
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City (Heüisler, J.). Action by the State of Maryland, for the use of Andrew Henderson, against the United Railways and Electric 'Company. From a judgment for defendant, plaintiff appeals.
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Appeal from the Court of Common Pleas of Baltimore City (Heüisler, J.). Action by the State of Maryland, for the use of Andrew Henderson, against the United Railways and Electric 'Company. From a judgment for defendant, plaintiff appeals. Defendant’s thirteenth prayer was as follows: The court instructs the jury that if they believe1 from the evidence that the equitable plaintiff, while approaching with his automobile the railway tracks of the defendant company, was in a position to have had a. clear and unobstructed view of said tracks in a southerly direction for a distance of more than…
1Opinion of the CourtStockbridge, J.
This is a suit by the appellant under Lord Campbell’s act against the United Railways and Electric Company for the killing of his wife as the result of alleged negligence on the part of a motorman of the railway company.
The sequence of facts of the killing are substantially these:
Mr. Henderson had been attending a funeral to which he went in his own limousine and was himself operating the machine. After the interment in the cemetery he left by the northernmost gate, which comes out on Grecnmount Avenue nearly opposite but a little to the south of Lafayette1 Avenue. On Greenmount Avenue there…
2Cases cited2 opinions
- United Railways & Electric Co. v. MantikCourt of Appeals of Maryland · 1915
- Cook v. United Railways & Electric Co.Court of Appeals of Maryland · 1918
3Cited by9 opinions
- Beahm v. ShortallCourt of Appeals of Maryland · 1977
- People's Drug Stores, Inc. v. WindhamCourt of Appeals of Maryland · 1940
- Miller v. GraffCourt of Appeals of Maryland · 1951
- Hopper, McGaw & Co. v. KellyCourt of Appeals of Maryland · 1924
- Jennings v. United StatesDistrict Court, D. Maryland · 1959
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