Baltimore & Potomac Railroad v. State
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — At the trial of this case in the lower Court the plaintiff offered five prayers, which need not he inserted.
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Appeal from the Court of Common Pleas. The case is stated in the opinion of the Court. Exception. — At the trial of this case in the lower Court the plaintiff offered five prayers, which need not he inserted. The defendant offered the following prayers: 1. That there is no legally sufficient evidence that the accident that resulted in the death of Harvey F„ Abbott was caused by any negligence on tbe part of the defendant, and therefore the plaintiff is not entitled to-recover in this action. 2. That there is no legally sufficient evidence in this-case, that the tunnel of defendant was not so…
1Opinion of the CourtAlvey, C. J.
This action was brought in the name of the State for the use of the father of Harvey E. Abbott, who was killed in the railroad tunnel of the defendant corporation, under the City of Baltimore, on the 25th day of August, 1890, to recover for alleged negligence of the *156defendant as the cause of the death of the son. The deceased was in the employ of the defendant company, as brakeman on a freight train, and was killed while so employed on such .train in passing through the tunnel. And the main question, under the statute (Code, Art. 67, sec. 1,) is, whether the death of the deceased was caused…
2Cases cited3 opinions
- Baltimore & Ohio Railroad v. StrickerCourt of Appeals of Maryland · 1879
- Northern Central Railway Co. v. State ex rel. BurnsCourt of Appeals of Maryland · 1880
- State ex rel. Miller v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1882
3Cited by24 opinions
- Eisenhower v. Baltimore Transit Co.Court of Appeals of Maryland · 1948
- Spangler v. McQuittyCourt of Appeals of Maryland · 2016
- Wood v. HeigesCourt of Appeals of Maryland · 1896
- Mummert v. AlizadehCourt of Appeals of Maryland · 2013
- Armour & Co. v. LeasureCourt of Appeals of Maryland · 1939
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