Northern Central Railway Co. v. State ex rel. Price
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an- action, brought by the State, for the use of the widow and children of Robert Price, deceased, to recover damages resulting from his death, alleged to have been caused by the appellant. It appeared from the evidence at the trial, that the deceased, on the night of the 26th of June, 1866, was run over at Cockeysville by the express train of the appellant and apparently killed.
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Appeal from the Superior Court of Baltimore City. This was an- action, brought by the State, for the use of the widow and children of Robert Price, deceased, to recover damages resulting from his death, alleged to have been caused by the appellant. It appeared from the evidence at the trial, that the deceased, on the night of the 26th of June, 1866, was run over at Cockeysville by the express train of the appellant and apparently killed. Supposing him to be dead, the agent of the appellant, at Cockeysville, without objection on the part of the conductor, caused the body to be locked up in the…
1Opinion of the CourtAlvey, J.
At the trial of this cause in the court below, the plaintiff presented its case to the jury upon two distinct hypotheses, and it now contends that if the facts sustained either of them, it was entitled to recover.
The first hypothesis was that the collision of the train with the deceased was caused by the negligence of the defendant; and the second was, that, conceding the deceased to have been wrongfully on the track of the rail road, and thus, by his own negligence, contributed to and brought about the collision, still, there was gross negligence in the subsequent conduct of the defendant’s…
2Cases cited6 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
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3Cited by107 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Harrison v. Montgomery County Board of EducationCourt of Appeals of Maryland · 1983
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
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