Evans v. Davidson
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. The 'case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the following prayers: 1. If the jury believe that the defendant’s servant, in the course of his master’s service, negligently killed the plaintiff’s cow, the plaintiff is entitled to recover the value of said cow. 2. That if the jury find that the servant of the defendant killed the plaintiff’s cow, by negligently knocking it in…
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Appeal from the Circuit Court for Cecil County. The 'case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the following prayers: 1. If the jury believe that the defendant’s servant, in the course of his master’s service, negligently killed the plaintiff’s cow, the plaintiff is entitled to recover the value of said cow. 2. That if the jury find that the servant of the defendant killed the plaintiff’s cow, by negligently knocking it in the head with a stone, while driving said cow out of defendant’s field,.and shall also find that said cow was at the time…
1Opinion of the CourtAlvey, J.
The only substantial question in this case is, whether the defendant, the present appellee, is liable for the wrongful act of his servant in killing the plaintiff’s cow, while driving her out of the defendant’s corn-field.
*248It appears in proof that the defendant was a farmer, and that his farm adjoined that of one Boulden; that he had employed on his farm negro Lewis, and two other negro hands, and that they were employed for a period of nine months, to do general farm tvorh on the farm; that on the day the plaintiff’s cow was killed, the defendant was away from home, and that the three negro…
2Cases cited2 opinions
- Baltimore & Ohio Railroad v. BlocherCourt of Appeals of Maryland · 1867
- President of Baltimore v. BooneCourt of Appeals of Maryland · 1876
3Cited by22 opinions
- Hunter v. BD. OF EDUC., MONT. CNTY.Court of Appeals of Maryland · 1982
- 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
- Symington v. SipesCourt of Appeals of Maryland · 1913
- Deck v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1905
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