Baltimore & Potomac Rail Road v. State ex rel. Stansbury
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the two following prayers: 1. If the jury find from the evidence, that on or about the 19th day of June, 1816, Albert Stansbury was killed by the locomotive and cars of the defendant, while operated by its agents on its road, and that the equitable plaintiff, to wit, George W. Stansbury, is related to him in the manner set forth in…
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Appeal from the Circuit Court for Baltimore County. The case is stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the two following prayers: 1. If the jury find from the evidence, that on or about the 19th day of June, 1816, Albert Stansbury was killed by the locomotive and cars of the defendant, while operated by its agents on its road, and that the equitable plaintiff, to wit, George W. Stansbury, is related to him in the manner set forth in the declaration, and that the said killing resulted directly from the want of ordinary care and prudence on the part of…
1Opinion of the CourtBowie, J.
The cause of action in this case is the death of the appellee’s son by collision with the cars of the appellant. The appellee offered evidence tending to prove that his son, a lad about twelve years of age, on the 19th of June, 1816, whilst sitting or lying down with a companion, on the edge of the embankment of the appellant’s railroad, “just at the end of the cross-ties,” watching the cows of his father, was struck by the engine of a train of the appellant, without warning and killed; that no notice was given of the approach of the train by blowing the whistle; that the railroad passes…
2Cases cited10 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Lewis v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1873
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Pittsburg & Connellsville Railroad v. AndrewsCourt of Appeals of Maryland · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cumberland Valley Railroad v. MaugansCourt of Appeals of Maryland · 1883
- Baltimore & Ohio Railroad v. State ex rel. WileyCourt of Appeals of Maryland · 1890
- Commissioners of Delmar v. VenablesCourt of Appeals of Maryland · 1915
- Agricultural & Mechanical Ass'n v. State ex rel. CartyCourt of Appeals of Maryland · 1889
- State Ex Rel. Strepay v. CohenCourt of Appeals of Maryland · 1934
6 more not listed; retrieve them via the Exa API.