Whitby v. Baltimore, Chesapeake & Atlantic Ry. Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Talbot County (Martin and Brown, JJ.) Plaintiffs' 2nd Prayer. — If the jury find from the evidence that the road known as Harrison street extended was an existing public road or highway at the time of the construction of the railroad of the defendant at that point and that said road continued to be a public road or highway up to the time of the accident complained of, and if they further find that the said highway was severed by the…
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Appeal from the Circuit Court for Talbot County (Martin and Brown, JJ.) Plaintiffs' 2nd Prayer. — If the jury find from the evidence that the road known as Harrison street extended was an existing public road or highway at the time of the construction of the railroad of the defendant at that point and that said road continued to be a public road or highway up to the time of the accident complained of, and if they further find that the said highway was severed by the construction of an earthen embankment across the same upon which was placed the track of the defendant, that then it was the…
1Opinion of the CourtBoyd, J.
The appellants sued the appellee to recover damages for injuries sustained by Mrs. Whitby by reason of the alleged dangerous and unsafe condition of a highway known as Harrison street extended, which is crossed by the defendant’s rail-, road near Easton, in this State. The Baltimore and Eastern Shore Railroad Company built the railroad and, after obtaining permission from the County Commissioners of Talbot County, constructed an embankment eight or ten feet high, across Harrison street extended, upon which it placed its track. The approaches to the crossing were made by that company by…
2Cases cited10 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- Chesapeake & Ohio Canal Co. v. County CommissionersCourt of Appeals of Maryland · 1881
- Northern Central Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- President of the Baltimore v. CrowtherCourt of Appeals of Maryland · 1885
- President of the Baltimore & Reisterstown Turnpike Road v. State ex rel. GrimesCourt of Appeals of Maryland · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. Consolidated Rail Corp.District of Columbia Court of Appeals · 1998
- Contino v. Baltimore & Annapolis R. CoCourt of Appeals for the Fourth Circuit · 1949
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1915
- Standard Motor Co. v. ShockeyCourt of Appeals of Maryland · 1921
- Wilfred L. Miller v. Pennsylvania Railroad CompanyCourt of Appeals for the D.C. Circuit · 1957
2 more not listed; retrieve them via the Exa API.