Legal Opinion

Baltimore & Ohio Railroad v. Brydon ex rel. Davis

Court of Appeals of Maryland

Decided June 24, 1886PublishedCited by 54 opinions

Appeal from the Superior Court of Baltimore City. This suit was brought in the Circuit Court for Allegany County, and was removed at the instance of the defendant, to Howard County. The case was tried in Howard County before a Full Bench, and the jury failed to agree. Subsequently, on the application of the plaintiff, the case was removed to the Superior Court of Baltimore City, where it was tried, and the plaintiff obtained a verdict.

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Appeal from the Superior Court of Baltimore City. This suit was brought in the Circuit Court for Allegany County, and was removed at the instance of the defendant, to Howard County. The case was tried in Howard County before a Full Bench, and the jury failed to agree. Subsequently, on the application of the plaintiff, the case was removed to the Superior Court of Baltimore City, where it was tried, and the plaintiff obtained a verdict. The opinion of this Court, together with the opinion of Chief Judge Alvev on the motion for a re-argument, furnish a sufficient statement of the case. During…

1Opinion of the CourtBryan, J.

The Baltimore and Ohio Railroad Company contracted with William A. Brydon, to purchase from him a large quantity of coal. It was agreed that Brydon was to deliver to the railroad company daily, not less than one hundred and fifty and not more than three hundred tons of coal, of such quality as should be satisfactory to the railroad’s master of transportation and master of machinery ; and that the deliveries should commence on the fifteenth day of July, 1815, and should continue for three years. The price agreed to be paid was a dollar and fifteen cents a ton. After a considerable quantity of…

2Cases cited14 opinions

  1. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  2. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  3. Sweeney v. United StatesSupreme Court of the United States · 1884
  4. Brown v. FosterMassachusetts Supreme Judicial Court · 1873
  5. Zaleski v. ClarkSupreme Court of Connecticut · 1876

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3Cited by54 opinions

  1. M & R Contractors & Builders, Inc. v. MichaelCourt of Appeals of Maryland · 1958
  2. Snyder v. CearfossCourt of Appeals of Maryland · 1946
  3. Leizear v. ButlerCourt of Appeals of Maryland · 1961
  4. Henry G. Davis & Co. v. GemmellCourt of Appeals of Maryland · 1891
  5. Livesley v. JohnstonOregon Supreme Court · 1904

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