McMahon v. Northern Central Railway Co.
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. — The plaintiff offered five prayers, the first and second of which are set out in the opinion of the Court; the others aro as follows: 3. Even if the jury shall believe that the said John T. McMahon was guilty of such want of ordinary care and prudence as ought, under all the circumstances, to have been reasonably expected from one of his age and intelligence, in going on the…
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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. — The plaintiff offered five prayers, the first and second of which are set out in the opinion of the Court; the others aro as follows: 3. Even if the jury shall believe that the said John T. McMahon was guilty of such want of ordinary care and prudence as ought, under all the circumstances, to have been reasonably expected from one of his age and intelligence, in going on the track of the defendant, under the circumstances testified to before them; even should they also find a want of ordinary…
1Opinion of the CourtRobinson, J.
This suit was brought by the plaintiff through his next friend, to recover damages for injuries alleged to have been caused by the negligence of the defendant. At the time of the injury, the plaintiff was five years and nine months old, and lived with his parents on the east side of Canal street, between Grough and Bank, in the city of Baltimore. The defendant owns two railroad tracks on Canal street, which were used for freight cars drawn by horses. About ten o’clock on the morning of the 17th of December, 1870, the mother of the plaintiff sent him with a basket of rags to a junk store,…
2Cases cited9 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Owings v. JonesCourt of Appeals of Maryland · 1856
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Lewis v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Kelly v. Huber Baking Co.Court of Appeals of Maryland · 1924
- Vance v. VanceCourt of Appeals of Maryland · 1980
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
45 more not listed; retrieve them via the Exa API.