Chiswell v. Nichols
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County (Worthington, L). The plaintiff submitted the following prayers: Plaintiff's First Prayer. — If the jury find that on or about the dth day of December, 1919, the plaintiff was injured by the automobile of the defendant, while being operated by him, and that said injury resulted directly from the want of ordinary care and prudence on the part of the defendant, and not from the want, of ordinary care and prudence on the part…
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Appeal from the Circuit Court for Frederick County (Worthington, L). The plaintiff submitted the following prayers: Plaintiff's First Prayer. — If the jury find that on or about the dth day of December, 1919, the plaintiff was injured by the automobile of the defendant, while being operated by him, and that said injury resulted directly from the want of ordinary care and prudence on the part of the defendant, and not from the want, of ordinary care and prudence on the part of the plaintiff, directly contributing'; to the injury then the plaintiff is entitled to recover. (Rejected.)…
1Opinion of the CourtPattison, J.
Eugenia Ohiswell, the appellant, sued Charles E. Nichols, the appellee, to recover damages for personal injury sustained by her in an automobile collision caused by the alleged neg ligence of the appellee. The judgiment being for .the appellee, she has appealed to this Court.
At the conclusion of the evidence taken in the trial of the case below, a number of prayers were offered by the plaintiff', as well as by the defendant, but only the defendant’s second and third prayers, directing! a verdict for him, were granted; one because of the contributory negligence of the plaintiff, and the other…
2Cases cited5 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HogelandCourt of Appeals of Maryland · 1886
- United Railways & Electric Co. v. CrainCourt of Appeals of Maryland · 1914
- Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1894
- Baltimore & Ohio R. R. v. StateCourt of Appeals of Maryland · 1918
- United Railways & Electric Co. v. BiedlerCourt of Appeals of Maryland · 1904
3Cited by33 opinions
- Kelly v. Huber Baking Co.Court of Appeals of Maryland · 1924
- Greenfeld v. HookCourt of Appeals of Maryland · 1939
- Taxicab Co. v. OttenritterCourt of Appeals of Maryland · 1926
- Hopper, McGaw & Co. v. KellyCourt of Appeals of Maryland · 1924
- Eastern Contractors, Inc. v. StateCourt of Appeals of Maryland · 1961
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