American Express Co. v. Terry
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. (Bond, J.) The plaintiff, seeing a delivery truck of the defendant corporation, unattended, moving down grade at three or four miles an hour, in a direction where he deemed it apt to imperil human lives; attempted to get on the truck and guide it to safety; in so doing he was injured by being crushed between the truck and a trolley pole; in an action for damages against the company, he recovered a verdict and judgment for…
Read the full summary
Appeal from the Superior Court of Baltimore City. (Bond, J.) The plaintiff, seeing a delivery truck of the defendant corporation, unattended, moving down grade at three or four miles an hour, in a direction where he deemed it apt to imperil human lives; attempted to get on the truck and guide it to safety; in so doing he was injured by being crushed between the truck and a trolley pole; in an action for damages against the company, he recovered a verdict and judgment for $500. Erom such judgment the defendant appealed.
1Opinion of the Court
Burke, J.,
deliver! the opinion of the Court.
This is the defendant’s appeal from a judgment for five hundred dollars recovered against it in the Superior Court of Baltimore City in an action for personal injuries alleged to have been sustained by the plaintiff, Howard P. Terry, through the negligence of the defendant. The facts are unusual, but the legal principles which should control the case are well settled. The plaintiff offered evidence tending to prove the following facts: That on the 13th day of March, 1914, whilst he was crossing the intersection of Franklin street and Park avenue, in…
2Cases cited6 opinions
- Benedick v. PottsCourt of Appeals of Maryland · 1898
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1898
- Mobile & Ohio Railroad v. RidleyTennessee Supreme Court · 1905
- Bracey v. Northwestern Improvement Co.Montana Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- People's Drug Stores, Inc. v. WindhamCourt of Appeals of Maryland · 1940
- Maloney v. . KaplanNew York Court of Appeals · 1922
- Shirks Motor Express v. OxenhamCourt of Appeals of Maryland · 1954
- Waltzinger v. BirsnerCourt of Appeals of Maryland · 1975
- Lashley v. DawsonCourt of Appeals of Maryland · 1932
20 more not listed; retrieve them via the Exa API.