Baltimore City Passenger Railway Co. v. Wilkinson
Court of Appeals of Maryland
Appeal .from the Superior Court of Baltimore City. This action was brought by the appellee to recover damages for an injury done him, through the alleged negligence of an agent of the appellant. The declaration contained five counts, to which the defendant pleaded that “ it did not commit the wrongs alleged.”
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Appeal .from the Superior Court of Baltimore City. This action was brought by the appellee to recover damages for an injury done him, through the alleged negligence of an agent of the appellant. The declaration contained five counts, to which the defendant pleaded that “ it did not commit the wrongs alleged.” Without expressing any opinion as to the sufficiency of the other counts, the Court (MartiN, J.,) held that a sufficient cause of action was stated in the fifth count which is as follows: For that the defendant is*a corporation owning a railroad on Charles street in Baltimore city,…
1Opinion of the CourtBaiitol, C. J.
Since the decision of the case of Leopard vs. The Chesapeake and Ohio Canal Co., 1 Gill, 222, followed by Stockton vs. Frey, 4 Gill, 406, and by a number of other cases, all recognizing the same rule, it must be considered as settled that where a prayer is asked, or an instruction is granted to *230a jury upon the evidence or facts in the cause merely, without reference to the pleadings, the appellate Court is precluded by the Act of 1825, ch. 117, (Code, Art. 5, sec. 12,) from considering the state of the pleadings. But it has always been competent for a party by a prayer properly framed, to…
2Cases cited8 opinions
- Stockton v. FreyCourt of Appeals of Maryland · 1846
- Pennsylvania Railroad v. ZebeSupreme Court of Pennsylvania · 1858
- Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843
- Burgess v. LloydCourt of Appeals of Maryland · 1854
- Helms's Lessee v. HowardCourt of Appeals of Maryland · 1784
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mallette Ex Rel. Thomas v. British American Assurance Co.Court of Appeals of Maryland · 1900
- President of the Baltimore & Yorktown Turnpike Road v. CasonCourt of Appeals of Maryland · 1890
- Pittsburg & Connellsville Railroad v. AndrewsCourt of Appeals of Maryland · 1874
- Baltimore & Ohio Railroad v. State ex rel. DoughertyCourt of Appeals of Maryland · 1872
- Wills v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1880
14 more not listed; retrieve them via the Exa API.