Legal Opinion

United Railways & Electric Co. v. Cloman

Court of Appeals of Maryland

Decided April 1, 1908PublishedCited by 26 opinions

Appeal from the Court of Common Pleas (Harlan, C. J.), where there was a judgment on verdict for the plaintiff for $5,000. Defendant's iyth Prayer. — That from the failure of the plaintiff to produce as a witness Dr. R. H. Follis, the jury may infer that his testimony would be unfavorable to the plaintiff.

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Appeal from the Court of Common Pleas (Harlan, C. J.), where there was a judgment on verdict for the plaintiff for $5,000. Defendant's iyth Prayer. — That from the failure of the plaintiff to produce as a witness Dr. R. H. Follis, the jury may infer that his testimony would be unfavorable to the plaintiff. (Refused.) Defendant's 18th Prayer. — That the failure of the plaintiff to produce as a witness Dr. R. H. Follis, is a matter which the jury may take into consideration in determining the nature and extent of the alleged injuries of the plaintiff. (Refused.)

1Opinion of the CourtBoyd, C. J.

This is an appeal from a judgment against the appellant in favor of the appellee for injuries alleged to have been sustained by the latter, by reason of a car of the railway company being driven against the wagon in which she was riding on Federal street, in the city of Baltimore. There are twelve bills of exception in the record which will for the most part be considered in th.e order they are presented in the brief of the appellant.

i. The first and second exceptions were taken to the ruF ings of the lower Court in admitting two receipts which were given to the company by the plaintiff’s…

2Cases cited3 opinions

  1. Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
  2. Wright v. StateCourt of Appeals of Maryland · 1898
  3. Mayor of Baltimore v. LobeCourt of Appeals of Maryland · 1900

3Cited by26 opinions

  1. JACOBSON, T/A CHECKER CAB ASSOCIATION, INC. v. JulianCourt of Appeals of Maryland · 1967
  2. Grier v. RosenbergCourt of Appeals of Maryland · 1957
  3. B & K Rentals & Sales Co. v. Universal Leaf Tobacco Co.Court of Appeals of Maryland · 1991
  4. Bereano v. State Ethics CommissionCourt of Appeals of Maryland · 2008
  5. Thomas v. OwensCourt of Special Appeals of Maryland · 1975

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