Legal Opinion

State ex rel. Foy v. Philadelphia, Wilmington & Baltimore Railroad

Court of Appeals of Maryland

Decided June 15, 1877PublishedCited by 19 opinions

Appeal from the Circuit Court for Harford County. This was a suit brought on the 10th day of May, lS^h, by the widow and children of a certain John B. Eoy, of Harford County, against the Philadelphia, Wilmington and Baltimore R. R. Go., to recover damages for the killing of the said Foy, by the defendant.

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Appeal from the Circuit Court for Harford County. This was a suit brought on the 10th day of May, lS^h, by the widow and children of a certain John B. Eoy, of Harford County, against the Philadelphia, Wilmington and Baltimore R. R. Go., to recover damages for the killing of the said Foy, by the defendant. A great deal of evidence was offered on the part of the plaintiff for the purpose of showing that the defendant had not used proper care in the running of the train by which Foy was killed, and also to show that Foy had not been guilty of contributory negligence. The evidence offered by the…

1Opinion of the CourtBartol, C. J.

John B. Foy while crossing the railroad of the appellee was struck by a passing train and killed, and this suit was instituted for the use of his widow and children to recover damages on account of his death.

In order to maintain the action it was incumbent on the plaintiff to prove that Foy’s death was caused by-the *83negligence of defendant’s agents, and it must not appear from the evidence that want of ordinary care and prudence on the part of the deceased, directly contributed to his death.

- After the testimony on both sides was closed, the Court below rejected the several prayers offered by…

2Cited by19 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Eisenhower v. Baltimore Transit Co.Court of Appeals of Maryland · 1948
  3. Maryland Central Railroad v. NeubeurCourt of Appeals of Maryland · 1884
  4. Baltimore Transit Co. v. State Ex Rel. SchrieferCourt of Appeals of Maryland · 1945
  5. Pennsylvania Railroad v. YinglingCourt of Appeals of Maryland · 1925

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