State ex rel. Abell v. Western Maryland Railroad
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — The evidence being concluded, the plaintiff offered the following prayers: 1. If the jury find from the evidence that the Western Maryland Railroad is a corporation owning and operating a railroad running from Baltimore westward hy Highland Park Station, Union Bridge and other places, along which track the defendant’s cars and engines were propelled by steam for the purposes…
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — The evidence being concluded, the plaintiff offered the following prayers: 1. If the jury find from the evidence that the Western Maryland Railroad is a corporation owning and operating a railroad running from Baltimore westward hy Highland Park Station, Union Bridge and other places, along which track the defendant’s cars and engines were propelled by steam for the purposes and about the business of said railroad, and if they shall find that on or about the morning of Sunday, September 2nd,…
1Opinion of the CourtStone, J.
This is an action brought under the statute, in the name of the State, for the use of the appellant, as widow of William G. Abell, whose death was caused, as the appellant avers in her narr., by the wrongful act, neglect and default of the appellee. The plea of not guilty was entered by the appellee, and at the trial the only defence set up, was that the deceased, William G. Abell, was, at the time of his death, an employe in the service of the appellee, and that if his death was caused by the negligence of the other employes of the appellee, then that the appellee was not liable.
It seems to…
2Cases cited3 opinions
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- Baltimore City Passenger Railway Co. KempCourt of Appeals of Maryland · 1884
- Russell v. Hudson River RailroadThe Superior Court of New York City · 1855
3Cited by35 opinions
- Barbre v. PopeCourt of Appeals of Maryland · 2007
- Peterson v. Seattle Traction Co.Washington Supreme Court · 1900
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Missouri, Kansas & Texas Railway Co. v. HendricksCourt of Appeals of Texas · 1908
- Dickinson v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
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