Northern Central Railway Co. v. State ex rel. Burns
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the four-following prayers: 1. That if the jury find from the evidence, that on or about the 7th day of June, 1878, Ella Burns was killed by the locomotive or cars of the defendant, while operated by its agents on its road, and that the equitable plaintiffs are related to her as set forth in the pleadings herein, and that said killing resulted…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the four-following prayers: 1. That if the jury find from the evidence, that on or about the 7th day of June, 1878, Ella Burns was killed by the locomotive or cars of the defendant, while operated by its agents on its road, and that the equitable plaintiffs are related to her as set forth in the pleadings herein, and that said killing resulted directly from a want of' ordinary care and prudence on the part of the agents of the defendant, and not from the want of…
1Opinion of the CourtBartol, C. J.
This suit was instituted by the appellee, under the 65th Article of the Code (Act of 1852, ch. 299,) for the use of the infant children of Mrs. Ella Burns, to recover damages arising from her death, which happened on the Northern Central Eailway, and was caused, as stated in the declaration, by the alleged wrongful act, neglect and default of .the appellant’s agents, while she was lawfully walking on the railroad track of the appellant. The right of action in such case exists according to the express terms of the Code, only where the party injured (if death had not ensued) would have been…
2Cases cited3 opinions
- Lewis v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1873
- State ex rel. Foy v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1877
- Frech v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1874
3Cited by17 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Baltimore & Ohio Railroad v. State ex rel. AllisonCourt of Appeals of Maryland · 1884
- Baltimore & Potomac Railroad v. StateCourt of Appeals of Maryland · 1892
- State ex rel. Bacon v. Baltimore & Potomac RailroadCourt of Appeals of Maryland · 1882
- Smith v. GrossCourt of Appeals of Maryland · 1990
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