Legal Opinion

Baltimore & Ohio R. R. v. State ex rel. Kelly

Court of Appeals of Maryland

Decided March 22, 1866PublishedCited by 21 opinions

Appeal from the Superior Court of Baltimore City. This action was brought by the appellee, in the Superior Court of Baltimore city, to recover damages under the Act of 1852, ch. 299, for the killing of a certain William Henry Kelly.

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Appeal from the Superior Court of Baltimore City. This action was brought by the appellee, in the Superior Court of Baltimore city, to recover damages under the Act of 1852, ch. 299, for the killing of a certain William Henry Kelly. Exception. — The plaintiff to maintain the issues on his part joined, at the trial of the cause offered evidence tending to prove: That the deceased was one of the employees of the Baltimore and Ohio R. R. Company before and on the 20th July, 1857 ; and that on said day he was killed “by being caught and crushed between an engine and tender, on the former of which…

1Opinion of the CourtCochran, J.

This suit was brought by the appellee, under the Act of 1852, ch. 299, to recover damages resulting from the death of William Kelly, which it is alleged was caused by negligence on the part of the appellant. The exception, on which the case was brought up, contains evidence of the age, habits, health and employment of the deceased, at the time lie lost his life, and also of the members of his family; that he supported them by his labor, and that after his death his widow supported herself and child by her own exertions.

All the prayers of the appellant were granted excepting the 5th ; and by…

2Cited by21 opinions

  1. Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
  2. Smith v. Gray Concrete Pipe Co.Court of Appeals of Maryland · 1973
  3. Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889
  4. United States v. StreidelCourt of Appeals of Maryland · 1993
  5. St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913

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