Baltimore & Susquehanna Rail Road v. Woodruff
Court of Appeals of Maryland
Appeal from Baltimore county court. This was an action of trespass on the case, instituted by the appellee against the appellant, on the 30th of April 1847, to recover damages for injuries caused by fire communicated to the plaintiff’s property by the defendant’s locomotives.
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Appeal from Baltimore county court. This was an action of trespass on the case, instituted by the appellee against the appellant, on the 30th of April 1847, to recover damages for injuries caused by fire communicated to the plaintiff’s property by the defendant’s locomotives. The declaration avers, that the defendant, by its “agents, conductors and servants, so carelessly, improperly and negligently, drove, conducted and propelled, their cars, engines and locomotives, that through such carelessness, negligence, and improper conduct, sparks and fire from said engines were blown and cast upon…
1Opinion of the CourtEccleston, J.
The first bill of exceptions in this case concludes in the usual form and has a scroll for a seal, but is not signed by the judge. This, the appellee contends, renders it so defective that the decision of the court below, in regard to the admission of the evidence objected to, is not properly before us for revision. Nevertheless, he insists, that in considering *252the prayers contained in the second exception, we are author» ised to look at the testimony set forth in the first, because the second begins by saying: “The plaintiff and defendant then to sustain the issues on either side…
2Cases cited3 opinions
- Walkup v. PrattCourt of Appeals of Maryland · 1820
- Crawford v. BerryCourt of Appeals of Maryland · 1834
- Murray & Sansom v. RidleyGeneral Court of Virginia · 1793
3Cited by40 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Clark v. StateCourt of Appeals of Maryland · 1993
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
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