Baltimore Consolidated Railway Co. v. Pierce
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County (Burke, J.). The defendant’s third and fourth prayers were as follows : Defendant's yd Prayer. — If the jury believe that the plaintiff drove upon that portion of Park Heights avenue, exclusively used by the defendant’s cars and occupied by its '* T ” rail tracks and stone ballast, on a dark and rainy night, and drove his horse down said track for over two hundred yards, and that the motorman in charge of the defendant’s…
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Appeal from the Circuit Court for Baltimore County (Burke, J.). The defendant’s third and fourth prayers were as follows : Defendant's yd Prayer. — If the jury believe that the plaintiff drove upon that portion of Park Heights avenue, exclusively used by the defendant’s cars and occupied by its '* T ” rail tracks and stone ballast, on a dark and rainy night, and drove his horse down said track for over two hundred yards, and that the motorman in charge of the defendant’s car, after he discovered by the exercise of all due and proper care that the plaintiff was on the track, used every due and…
1Opinion of the CourtBoyd, J.
The appellee sued the appellant for injuries sustained by the former through the alleged negligence of a motorman employed by the company on its electric railway on Park Heights avenue, in Baltimore County, and, having recovered -a judgment, this appeal was taken from the ruling of the Court in granting two prayers of the plaintiff and rejecting four of the defendant. The only questions urged before us, however, are presented by the defendant’s first and second prayers. The first asked the Court to instruct the jury that the plaintiff had offered no evidence legally sufficient to entitle him…
2Cases cited9 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Central Railway Co. v. PeacockCourt of Appeals of Maryland · 1888
- State ex rel. Harvey v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1888
- Baltimore & Ohio Railroad v. BargerCourt of Appeals of Maryland · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hunter v. BD. OF EDUC., MONT. CNTY.Court of Appeals of Maryland · 1982
- Great Atlantic & Pacific Tea Co. v. NoppenbergerCourt of Appeals of Maryland · 1937
- Baltimore & Ohio Railroad v. StrubeCourt of Appeals of Maryland · 1909
- Great Atlantic & Pacific Tea Co. v. RochCourt of Appeals of Maryland · 1931
- Hopkins Chemical Co. v. Read Drug & Chemical Co.Court of Appeals of Maryland · 1914
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