Baltimore & Ohio Rail Road v. Lamborn
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard county. Trespass on the case, brought by the appeliee against the appellant, to recover the value of a horse belonging to the plaintiff, killed by the locomotive of the defendant. Plea non cid. Exception. The facts of the case, as given in evidence, are fully stated in the opinion of this court.
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Appeal from the Circuit Court for Howard county. Trespass on the case, brought by the appeliee against the appellant, to recover the value of a horse belonging to the plaintiff, killed by the locomotive of the defendant. Plea non cid. Exception. The facts of the case, as given in evidence, are fully stated in the opinion of this court. The defendant asked four instructions, in substance as follows: 1st. If the jury believe from the evidence, that the plaintiff’s horse was injured by the locomotive of the defendant, under charge of its agents, and that the horse was on the track of the rail…
1Opinion of the Court
Bartol, 5.,
delivered tbe opinion of this court.
This is an action to recover the value of a horse, belonging to the appellee, killed by the locomotive of the appellant..
At the trial of the cause, the plaintiff, to maintain the issue on his part, proved that some time in the month of September 1855, he was the owner and proprietor of certain land adjoining and contiguous, to the Washington branch of the Baltimore *260and Ohio Rail Road, at or near the Hanover switch, where the cars of the defendant stop, when necessary, to put off or take up passengers, and that he was also the owner of a horse…
2Cases cited1 opinion
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
3Cited by6 opinions
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Keech v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1861
- Western Maryland Railroad v. CarterCourt of Appeals of Maryland · 1883
- Northern Central Railway Co. v. GreenCourt of Appeals of Maryland · 1910
- Baltimore & Ohio Railroad v. DorseyCourt of Appeals of Maryland · 1872
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