Harvey v. Baltimore & Ohio Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. Martha Harvey was killed on the 16th of October, 1886. This suit, in the name of the State, to the use of Edward Harvey, her husband, was instituted on the 10th of December, 1886. It was removed from Baltimore City on the affidavit of the defendant, and was tried in the Circuit Court for Baltimore County at March Term, 1888. Under the instructions from the Court, a judgment was rendered for the defendant, which, on appeal…
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Appeal from the Circuit Court for Baltimore County. Martha Harvey was killed on the 16th of October, 1886. This suit, in the name of the State, to the use of Edward Harvey, her husband, was instituted on the 10th of December, 1886. It was removed from Baltimore City on the affidavit of the defendant, and was tried in the Circuit Court for Baltimore County at March Term, 1888. Under the instructions from the Court, a judgment was rendered for the defendant, which, on appeal was reversed, and a new trial ordered. (State, use of Harvey vs. Balto. & Ohio R. R. Co., 69 Md., 339.) On the 30th of…
1Opinion of the CourtRobinson, J.
This is an action by the husband to recover damages for the death ¿of his wife, who was killed by an engine while she was attempting to cross the track of the defendant company. Pending the suit the plaintiff died, and the question is, whether the action thereby abates. The plaintiff died before the Act of 1888, ch. 262 was passed, and the question is not therefore affected by the provisions of that Act.
As to the first point relied on by the apjiellant, this is fully covered by Ott vs. Kaufman, Exec’x, 68 Md., 56. There the suit was brought by the husband to recover damages for an assault and…
2Cases cited4 opinions
- Fridge v. State ex rel. KirkCourt of Appeals of Maryland · 1830
- Logan v. StateCourt of Appeals of Maryland · 1874
- Ott v. KaufmanCourt of Appeals of Maryland · 1887
- State ex rel. Justices of the Levy Court v. DorseyCourt of Appeals of Maryland · 1830
3Cited by4 opinions
- Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937
- Owens-Corning Fiberglas Corp. v. GarrettCourt of Appeals of Maryland · 1996
- Westcott v. Central Vermont R. R.Supreme Court of Vermont · 1889
- Owens-Corning Fiberglas Corp. v. GarrettCourt of Appeals of Maryland · 1996