Baltimore & Ohio Railroad v. Wilkens
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This suit was brought in the Superior Court of Baltimore City, by the appellee as surviving partner of the firm of H. Benninghaus & Co. against the appellant, and tried before the Court upon an agreed statement of facts, which will be found sufficiently set out in the opinion of this Court. First Exception. — The plaintiff prayed the Court to find in his favor upon the agreed statement of facts.
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Appeal from the Superior Court of Baltimore City. This suit was brought in the Superior Court of Baltimore City, by the appellee as surviving partner of the firm of H. Benninghaus & Co. against the appellant, and tried before the Court upon an agreed statement of facts, which will be found sufficiently set out in the opinion of this Court. First Exception. — The plaintiff prayed the Court to find in his favor upon the agreed statement of facts. The defendant prayed the Court, first, to find in its favor upon the agreed statement of facts; secondly, to find in its favor upon the agreed…
1Opinion of the CourtMiller, J.
This case presents an important question. It was tried before the Judge of the Superior Court upon an agreed statement of facts, from which it appears that the appel*20lant with other railroad companies, formed an association under the name of the “ Continental Line,” for the transportation of freight to and from the west. Each company agreed to furnish a number of cars to run as through cars over the several roads, and each agreed to guarantee the bills of lading of the association for goods loaded on such cars, and destined to points on other roads, as stated on the face of the bills of lading…
2Cases cited2 opinions
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
3Cited by27 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. KnightSupreme Court of the United States · 1887
- Adoue & Lobit v. H. Seeligson & Co.Texas Supreme Court · 1881
- Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
- Western Maryland Railroad v. Franklin BankCourt of Appeals of Maryland · 1883
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