Hambleton v. McGee
Court of Appeals of Maryland
Appeal from tbe Court of Common Pleas of Baltimore city. Action brought on tbe 10th day of September 1858, by the appellee, Joseph H. McGee, to recover from tbe appellants, Thomas Edward Hambleton, Jr., and Francis H. Hambleton, damages sustained by tbe appellee in tbe loss of a horse, alleged to have been hired by him to the appellants.
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Appeal from tbe Court of Common Pleas of Baltimore city. Action brought on tbe 10th day of September 1858, by the appellee, Joseph H. McGee, to recover from tbe appellants, Thomas Edward Hambleton, Jr., and Francis H. Hambleton, damages sustained by tbe appellee in tbe loss of a horse, alleged to have been hired by him to the appellants. The declaration contains but one count, and is :— “That the defendants hired from the plaintiff a horse, to drive from Baltimore city to the distance of twenty or twenty-one miles, in Baltimore county, and thence back to Baltimore city, in a proper manner,…
1Opinion of the CourtBartol, J.
At the trial of this case, in the Court below, after the testimony of the plaintiff was concluded, the Court was asked to instruct the jury “that there was no evidence to charge the defendant, Thomas E. Hambleton, and that they must find a verdict in his favor.” The refusal of the Court to grant this instruction forms the subject of the first bill of exceptions.
In actions for tort against several defendants, if, at the conclusion of the plaintiff’s' case, there is no evidence against one of the defendants, he is entitled to be acquitted; “so that all defendants, not fixed by the plaintiff’s…
2Cases cited1 opinion
- Brown, Hussey & Erith v. HowardNew York Supreme Court · 1817
3Cited by9 opinions
- Thompson v. Sun Cab Co.Court of Appeals of Maryland · 1936
- Security Storage & Trust Co. v. MartinCourt of Appeals of Maryland · 1924
- Darby Candy Co. v. HoffbergerCourt of Appeals of Maryland · 1909
- Brinkley v. PlattCourt of Appeals of Maryland · 1874
- Broadview Apartments Co. v. BaughmanCourt of Special Appeals of Maryland · 1976
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