Baltimore & Ohio Rail Road v. Resley
Court of Appeals of Maryland
Appeal from t.hc Circuit Court for Allegany county. Assumpsit brought on (be 13th of March 1853, by the appellees against the appellant, to recover for excavating and constructing the 21st section of the Baltimore and Ohio Rail Road, West of Cumberland. The present trial was under the procedendo issued by this court, upon the reversal of the judgment upon the former appeal, reported in 7 Md.
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Appeal from t.hc Circuit Court for Allegany county. Assumpsit brought on (be 13th of March 1853, by the appellees against the appellant, to recover for excavating and constructing the 21st section of the Baltimore and Ohio Rail Road, West of Cumberland. The present trial was under the procedendo issued by this court, upon the reversal of the judgment upon the former appeal, reported in 7 Md. Rep., 297. The parties entered into a written contract, dated the 6th of July 1850, by which the plaintiffs agreed to grade the section according to the manner and conditions, and for the prices therein…
1Opinion of the CourtTucr, J.
No- error can be imputed to the ruling of the court below, based on the terms of the original contract, and the modification thereof, as interpreted by this court on the former appeal. And, as the additional evidence does not materially alter the case, those prayers which were then held to be correct must govern the same questions arising on the present record.
At the trial the plaintiff offered three prayers,, the first of which was granted because conceded, as we are informed by the exception, and the other two refused. The defendants offered thirteen, of which the first, second, third,…
2Cited by15 opinions
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- Spencer v. TraffordCourt of Appeals of Maryland · 1875
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