Baltimore & Ohio Railroad v. State Ex Rel. Roming
Court of Appeals of Maryland
Appeal from the Baltimore City Court (Sharp, J.), where there was a judgment for the plaintiffs for $ 15,000. Plaintiff claims that the whistle was not blown at or above the bridge. As the engineer depended on this whistle to get his target changed, and as it was changed, it would seem most likely that it was blown. There is no evidence that it was not blown. Two witnesses for the plaintiff testify that they did not hear it blow —Philip and David Sykes.
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Appeal from the Baltimore City Court (Sharp, J.), where there was a judgment for the plaintiffs for $ 15,000. Plaintiff claims that the whistle was not blown at or above the bridge. As the engineer depended on this whistle to get his target changed, and as it was changed, it would seem most likely that it was blown. There is no evidence that it was not blown. Two witnesses for the plaintiff testify that they did not hear it blow —Philip and David Sykes. Neither of them testifies that it did not blow; nor does it appear that either of them was listening. Neither of them heard or saw the train…
1Opinion of the Court
Schmucker, J..,
delivered the opinion of the Court.
The equitable appellees are the widow and children of John C. Roming who was struck and killed by a passenger train of the appellant at a grade crossing near Annapolis Junction. •The suit was brought for their use to recover damages for the loss of his life which the declaration alleged was caused by the negligence of the servants of the appellant. The verdict and judgment were against the defendant and it appealed.
There are several exceptions in the record to the rulings of the Court below, but the substantial issue in the case is presented…
2Cases cited3 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
- McNab v. United Railways, Etc., Co.Court of Appeals of Maryland · 1902
- Philadelphia & Baltimore Central Railroad v. HoldenCourt of Appeals of Maryland · 1901
3Cited by23 opinions
- Baltimore & Ohio Railroad v. State Ex Rel. BlackCourt of Appeals of Maryland · 1908
- Maryland Electric Railway Co. v. BeasleyCourt of Appeals of Maryland · 1912
- Pennsylvania Railroad v. YinglingCourt of Appeals of Maryland · 1925
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Baltimore & Ohio Railroad v. StumpfCourt of Appeals of Maryland · 1903
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