Shauck v. Northern Central Railway Co.
Court of Appeals of Maryland
A ppiial from the Superior Court of Baltimore city: The appellant instituted this suit on the 1st day of August, 1863, to recover damages for a personal injury sustained by him while engaged as brakesman in the employ of the defendant. All errors in pleading were released, and the case tried upon the facts as presented at the trial.
Read the full summary
A ppiial from the Superior Court of Baltimore city: The appellant instituted this suit on the 1st day of August, 1863, to recover damages for a personal injury sustained by him while engaged as brakesman in the employ of the defendant. All errors in pleading were released, and the case tried upon the facts as presented at the trial. At the trial of the cause, the plaintiff offered evidence tending to show that while in the employ of the defendants, as brakesman, and while acting as such, he was injured by the wheel of a car, belonging to the defendant, running over and cutting off his arm ;…
1Opinion of the CourtBartol, J.
All errors of pleading having been' released, the questions to be decided on this appeal are presented by the facts stated in the bill of exceptions, and the prayers offered at the trial; these, in our opinion, bring the case within the principles lately adopted by this Court in O'Connell vs. Balto. & Ohio R. R. Co., 20 Md. Rep., 212; after a careful examination of the cases, the rule of law was there stated to be that “when several persons are employed in the same general service and one is injured by the carelessness of another, though the ne*479gligent servant in his grade of employment is…
2Cases cited1 opinion
- O'Connell v. Baltimore & Ohio R. R.Court of Appeals of Maryland · 1863
3Cited by4 opinions
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Hanrathy v. Northern Central Railway Co.Court of Appeals of Maryland · 1877
- National Enameling & Stamping Co. v. CornellCourt of Appeals of Maryland · 1902
- McVey v. GerraldCourt of Appeals of Maryland · 1937