State ex rel. Harvey v. Baltimore & Ohio Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Section 1*7 of Article 5 of the Code referred to in the opinion provides that, “when oil the reversal of a judgment, a writ of procedendo shall be awarded, the Court of Appeals, 'upon suggestion in writing by either of the parties, supported by affidavits or other proper evidence that a fair and impartial trial cannot be had in the Court where the judgment so reversed shall…
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Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Section 1*7 of Article 5 of the Code referred to in the opinion provides that, “when oil the reversal of a judgment, a writ of procedendo shall be awarded, the Court of Appeals, 'upon suggestion in writing by either of the parties, supported by affidavits or other proper evidence that a fair and impartial trial cannot be had in the Court where the judgment so reversed shall have been rendered, shall direct their clerk to transmit a copy of the record to the clerk of the Court of some other…
1Opinion of the Court
Stoííb, J.,
delivered the opinion of the Court.
This is an action against the Baltimore and Ohio Railroad Company for neglig’ence in causing the death of the wife of the equitable plaintiff. After all the testimony had been given the Court instructed the jury that the plaintiff was not entitled to recover because the evidence of the plaintiff showed that the deceased directly contributed to the accident that caused her death. The Court refused a modification of this prayer offered by the plaintiff, and also, as the exception states, refused to consider while acting on said prayer, any evidence…
Also in this document: Per curiam.
2Cases cited2 opinions
- Baltimore & Ohio Railroad v. FitzpatrickCourt of Appeals of Maryland · 1872
- Baltimore & Ohio Railroad v. MaliCourt of Appeals of Maryland · 1886
3Cited by25 opinions
- Quimby v. GreenhawkCourt of Appeals of Maryland · 1934
- Baltimore Consolidated Railway Co. v. PierceCourt of Appeals of Maryland · 1899
- Baltimore & Ohio Railroad v. State Ex Rel. WelchCourt of Appeals of Maryland · 1911
- Carlin v. WorthingtonCourt of Appeals of Maryland · 1937
- Cook v. HollydayCourt of Appeals of Maryland · 1946
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