United Railways & Electic Co. v. Seymour
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Harlan, C. J.) In the sixth exception the motorman of the car, which caused the injury complained of, testified that the space within which a car can be stopped “depends altogether on the conditions of everything, the condition of the rail, the position the car is in and everything else. There is no certainty about a thing of that kind, no matter what the speed.”
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Appeal from the Superior Court of Baltimore City (Harlan, C. J.) In the sixth exception the motorman of the car, which caused the injury complained of, testified that the space within which a car can be stopped “depends altogether on the conditions of everything, the condition of the rail, the position the car is in and everything else. There is no certainty about a thing of that kind, no matter what the speed.” The counsel for the plaintiff then asked the following question: “ Speaking of the conditions that night right on those rails, supposing now the car were running at a speed of six…
1Opinion of the CourtPage, J.
The two main questions that arise in this case, are, ist: Is there any evidence to go to the jury of negligence on the part of the appellant, and, 2nd, did the Court err in refusing to instruct the jury that the appellant was guilty of contributory negligence.
Taking up the first of these it is necessary to present'a statement of the principal facts of the case. On the seventh day of September, between seven and eight o’clock, it being then dark, the appellee was driving a wagon loaded with 1013 feet of lumber on the north-bound railway tracks of the appellants along and over Roland avenue in…
2Cases cited5 opinions
- Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
- McMahon v. Northern Central Railway Co.Court of Appeals of Maryland · 1874
- Williams v. StateCourt of Appeals of Maryland · 1885
- Baltimore & Ohio Railroad v. State ex rel. MillerCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. Shipley ex rel. ShipleyCourt of Appeals of Maryland · 1869
3Cited by13 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Gordon v. OpaleckyCourt of Appeals of Maryland · 1927
- Miller v. LeibCourt of Appeals of Maryland · 1909
- United Railways & Electric Co. v. DeanCourt of Appeals of Maryland · 1912
- State Ex Rel. Kalives v. Baltimore Eye, Ear, & Throat Hospital, Inc.Court of Appeals of Maryland · 1940
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