Legal Opinion

Philadelphia, Wilmington & Baltimore Railroad v. Lehman

Court of Appeals of Maryland

Decided April 14, 1881PublishedCited by 21 opinions

Appeal from the Circuit Court for Howard County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the two. following prayers: 1. If the jury find from the evidence that on the evening-of the 28th of J uly, 1818, at a little' before seven o’clock, thirteen car loads of cattle belonging to the plaintiffs were delivered by the Baltimore & Ohio Railroad, on the-tracks of the defendant, at Canton Perry, to be carried over the…

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Appeal from the Circuit Court for Howard County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the two. following prayers: 1. If the jury find from the evidence that on the evening-of the 28th of J uly, 1818, at a little' before seven o’clock, thirteen car loads of cattle belonging to the plaintiffs were delivered by the Baltimore & Ohio Railroad, on the-tracks of the defendant, at Canton Perry, to be carried over the defendant’s road to Philadelphia, and thence by the Pennsylvania Railroad to Jersey City, for the market-of Monday, July 29,…

1Opinion of the CourtAlvey, J.

The first question that presents itself on this record is that raised by demurrer to the plaintiffs’ declaration. The declaration alleges that the defendant is a common carrier for hire ; that on the 28th of July, 1878, about the hour of 4 o’clock p. m. the defendant received from the Baltimore & Ohio Railroad Company thirteen cars loaded with cattle, belonging to the plaintiffs, to be transported by the defendant, for a reward for that purpose paid or to be paid by the plaintiffs to the defendant, with reasonable despatch over the road of the defendant; but the defendant did not, nor would,…

2Cases cited14 opinions

  1. Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
  2. Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
  3. Railroad Co. v. PrattSupreme Court of the United States · 1875
  4. Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
  5. Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Judefind v. StateCourt of Appeals of Maryland · 1894
  3. Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
  4. Wilson v. VanLeerSupreme Court of Pennsylvania · 1889
  5. State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912

16 more not listed; retrieve them via the Exa API.

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