Scaggs v. Baltimore & Washington Rail Road
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince Georges county. Trespass on the case, brought by the appellant against tlie appellee, to recover the value of a negro slave killed by the defendant’s cars, through the alleged negligence, mismanagement and carelessness of its agent, the conductor. Plea, non cul. 1 si Exception.
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Appeal from the Circuit Court for Prince Georges county. Trespass on the case, brought by the appellant against tlie appellee, to recover the value of a negro slave killed by the defendant’s cars, through the alleged negligence, mismanagement and carelessness of its agent, the conductor. Plea, non cul. 1 si Exception. The plaintiff proved the killing, and the defendant, to prove that the accident was not the consequence of its negligence or that of its agents, offered to prove by Owen Humphreys, the conductor of the train, William Gallaway, the engineer, and Benjamin Dove, the brakesman, all…
1Opinion of the CourtTuck, J.
Under the first exception the counsel have discussed the applicability of the act of 1846, ch. 346, to cases instituted for the recovery of damages for injuries to negro property, the validity of that act, and the effect of the defendants’ release to the witnesses whose testimony was objected to, it being contended, on the part of the appellant, that the act is valid, and applies a rule of evidence to the case under consideration, for the benefit of the plaintiff below, from which he could not be deprived by the release offered in evidence.
By the act of 1838, ch. 244, rail road companies in…
2Cases cited2 opinions
- Chesapeake & Ohio Canal Co. v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1832
- State ex rel. Mayor of Baltimore v. BoydCourt of Appeals of Maryland · 1830
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- Polomski v. Mayor & City Council of BaltimoreCourt of Appeals of Maryland · 1996
- Rogan v. B. O.R.R. Co.Court of Appeals of Maryland · 1947
- Birmingham v. Board of Public Works of MarylandCourt of Appeals of Maryland · 1968
- Mayor of Annapolis v. HarwoodCourt of Appeals of Maryland · 1870
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