Baker v. Maryland Coal Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. At the trial the plaintiff offered the following prayers : First.—That if the jury find that the defendant owned and operated a coal mine in Allegany County, and that the rooms of said mine were connected with the mouth of the mine by an underground heading or gallery more than a mile long, through which defendant transported its coal from said rooms to said mouth of the mine in mine cars drawn by horses and run on railway…
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Appeal from the Circuit Court for Allegany County. At the trial the plaintiff offered the following prayers : First.—That if the jury find that the defendant owned and operated a coal mine in Allegany County, and that the rooms of said mine were connected with the mouth of the mine by an underground heading or gallery more than a mile long, through which defendant transported its coal from said rooms to said mouth of the mine in mine cars drawn by horses and run on railway tracks or rails laid on the floor of said heading, and that several weeks before the happening of the accident sued for,…
1Opinion of the CourtFowler, J.
This is an action to recover damages for injuries alleged by the plaintiff to have been sustained by him by reason of the wrongful and negligent act of the defendant. The defence is contributory negligence. The controlling question is whether the Court below was right in instructing the jury: first, that there was no evidence in the case of negligence on the part of the defendant; and, second, that the alleged injury was the direct result of négligence on the part of the plaintiff himself, and that therefore their verdict must be for the defendant.
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2Cases cited5 opinions
- Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
- Cumberland Valley Railroad v. MaugansCourt of Appeals of Maryland · 1883
- Baltimore & Ohio Railroad v. StrickerCourt of Appeals of Maryland · 1879
- Cumberland & Pennsylvania Rail Road v. State ex rel. MoranCourt of Appeals of Maryland · 1876
- Baltimore & Potomac Railroad v. StateCourt of Appeals of Maryland · 1892
3Cited by20 opinions
- Kelly v. Huber Baking Co.Court of Appeals of Maryland · 1924
- Holler v. LoweryCourt of Appeals of Maryland · 1938
- Baltimore Transit Co. v. State Ex Rel. SchrieferCourt of Appeals of Maryland · 1945
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Bernheimer Bros. v. BagerCourt of Appeals of Maryland · 1908
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