Legal Opinion

United Railways & Electric Co. v. Biedler

Court of Appeals of Maryland

Decided January 20, 1904PublishedCited by 18 opinions

Appeal from the Superior Court of Baltimore City (Wright, J.) where -there was a verdict and judgment for the plaintiff for $>1,750. Plaintiff's 2nd Prayer.—That if the jury find that at the time of the accident the car in question was being driven at a greater rate of speed than six miles an hour at the crossing of 23rd and St. Paul street (if the jury find the accident occurred at said crossing) in violation of an ordinance of the Mayor and City Council, and shall further…

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Appeal from the Superior Court of Baltimore City (Wright, J.) where -there was a verdict and judgment for the plaintiff for $>1,750. Plaintiff's 2nd Prayer.—That if the jury find that at the time of the accident the car in question was being driven at a greater rate of speed than six miles an hour at the crossing of 23rd and St. Paul street (if the jury find the accident occurred at said crossing) in violation of an ordinance of the Mayor and City Council, and shall further find that if the said car had not been running at a greater rate of speed than six miles an hour the accident could have…

1Opinion of the CourtSchmucker, J.

The question presented by this case is a narrow one. The appeal is from a judgment recovered by the appellee against the appellant in the Superior Court of Baltimore City for damages for injuries caused by a collision between a carriage in which he was riding and one of the appellants electric cars.

It is admitted in the record and on the briefs of counsel that there is evidence in the case legally sufficieut to establish the existence of negligence on the part of the defendant, in running the car at too high a speed, which directly contributed to the plaintiff’s injury. The plaintiff was…

2Cases cited2 opinions

  1. Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
  2. Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1894

3Cited by18 opinions

  1. Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  2. Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
  3. United Railways & Electric Co. v. CrainCourt of Appeals of Maryland · 1914
  4. Chiswell v. NicholsCourt of Appeals of Maryland · 1920
  5. Cierpisz v. SingletonCourt of Appeals of Maryland · 1967

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