Baltimore & Ohio Railroad v. State ex rel. Dougherty
Court of Appeals of Maryland
Appear from the Circuit Court for Howard County. This was an action brought against the appellant by the State, for the use of the widow and children of James Dougherty, to recover damages for his death.
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Appear from the Circuit Court for Howard County. This was an action brought against the appellant by the State, for the use of the widow and children of James Dougherty, to recover damages for his death. The deceased, on Sunday night, the 38th of October, 1868, while walking on the track of the Baltimore and Ohio Railroad, at Sykesville, was run over by an engine in the use of the agents of the railroad company, and in consequence of the injuries he then sustained, died on the following Tuesday. At the date of the accident, the county road, which runs between a high bluif on the north, and…
1Opinion of the CourtBowie, J.
After obtaining from the Court in their first prayer (which was conceded) the declaration of the general rule, that to enable the appellees to recover, the burden of proof was on them to show that the accident complained of was altogether owing to the negligence, or want of care and skill on the, part of the *376appellant or its agents; and if the jury should find from the evidence that the accident which caused the death of Dougherty was in any degree owing to the want of due care and caution, at the time of the accident, on the part of Dougherty, the appellee was not entitled to recover. The…
2Cases cited8 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
- Baltimore & Ohio Railroad v. State ex rel. MillerCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. FitzpatrickCourt of Appeals of Maryland · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- United Railways & Electric Co. v. CarnealCourt of Appeals of Maryland · 1909
18 more not listed; retrieve them via the Exa API.