Legal Opinion

Baltimore & Ohio Railroad v. Mali

Court of Appeals of Maryland

Decided June 24, 1886PublishedCited by 11 opinions

Appeal from the Circuit Court for Baltimore County. The case is sufficiently stated in the opinion of the Court. The insertion of the prayers is deemed unnecessary. The jury gave a verdict for the plaintiff for $5000 and judgment was entered thereon. The defendant appealed.

1Opinion of the CourtStone, J.

This was an action brought against defendant for negligence resulting in injury to plaintiff.

The plaintiff gave evidence tending to prove that the tracks of the defendant were laid on Nicholson street in Baltimore City and were constantly used by its trains. That where Cooksie street crosses Nicholson, there is a drain running alongside the railroad track, and that said drain is covered with oak plank and is kept in order by defendant. That in May, 1884, the plaintiff while crossing said track had his foot caught in a hole in said covered drain or little culvert between the edge thereof and…

2Cases cited2 opinions

  1. Johns v. MarshCourt of Appeals of Maryland · 1879
  2. Wilson v. MerrymanCourt of Appeals of Maryland · 1878

3Cited by11 opinions

  1. State ex rel. Harvey v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1888
  2. Baltimore & Ohio Railroad v. State Ex Rel. WelchCourt of Appeals of Maryland · 1911
  3. Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
  4. Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1888
  5. State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1891

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