Beard v. Baltimore & Ohio Railroad

Mr. Presiding Justice Crow

delivered the opinion of the court.

Appellee and appellant will hereafter generally be designated as plaintiff and defendant respectively. Some fault is found by plaintiff with the defendant’s statement of the case in its brief and an additional statement is made in the brief of plaintiff. For the purpose of review we adopt substantially the statement made by plaintiff, it being less concise but including elements of the case proper to be noticed in determining questions presented for review.

The declaration consists of one count and alleges that on December 31, 1924,…