Legal Opinion

Albert v. State ex rel. Ryan

Court of Appeals of Maryland

Decided January 4, 1887PublishedCited by 53 opinions

Appeals from the Circuit Court for Howard County. This action was brought in the Circuit Court for Baltimore County, against the appellant by the State of Maryland, for the “ use of Thomas Ryan, infant child of the deceased Patrick Ryan,” to recover damages resulting from the death of said Patrick, alleged to have been caused by the negligence of the defendant.

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Appeals from the Circuit Court for Howard County. This action was brought in the Circuit Court for Baltimore County, against the appellant by the State of Maryland, for the “ use of Thomas Ryan, infant child of the deceased Patrick Ryan,” to recover damages resulting from the death of said Patrick, alleged to have been caused by the negligence of the defendant. On suggestion and affidavit of the minor or equitable plaintiff, the case was removed to the Circuit Court for Howard County. Exception.- — At the trial, the plaintiff offered five prayers, the fifth of which is as follows : 5. If the…

1Opinion of the CourtStone, J.

This was an action brought by a minor for damages sustained by him by the death of his parents, who were drowned at a place called Tivoli, and whose death was caused, as he alleges, by the negligence of the defendant, the owner of the wharf.

Before we determine the law of this case, it > will be proper to dispose of one or two technical objections that have been raised against the proceedings.

One of the objections urged is that the suit should have been brought by the next friend of the infant equitable plaintiff.

This objection seems to be sufficiently answered by the terms of the statute…

2Cases cited3 opinions

  1. Swords v. . EdgarNew York Court of Appeals · 1874
  2. Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
  3. Owings v. JonesCourt of Appeals of Maryland · 1856

3Cited by53 opinions

  1. Webel v. Yale UniversitySupreme Court of Connecticut · 1939
  2. Ahern v. . SteeleNew York Court of Appeals · 1889
  3. Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
  4. Colorado Mortgage & Investment Co. v. GiacominiSupreme Court of Colorado · 1913
  5. Supreme Council of Royal Arcanum v. BrashearsCourt of Appeals of Maryland · 1899

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