Cumberland & Pennsylvania Rail Road v. State ex rel. Moran
Court of Appeals of Maryland
Appeal from tlie Circuit Court for Allegany County. The facts are sufficiently stated in the opinion of the Court. Exception. — At the trial below the plaintiff offered the six following prayers : \. That if the jury shall find from the evidence that the defendant owned and worked a railroad from Cumberland, Md., to Westernport, Mil., during the year 1874, and that Thomas Moran, a minor child of the equitable plaintiff, was employed by the defendant as fireman on one of its…
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Appeal from tlie Circuit Court for Allegany County. The facts are sufficiently stated in the opinion of the Court. Exception. — At the trial below the plaintiff offered the six following prayers : \. That if the jury shall find from the evidence that the defendant owned and worked a railroad from Cumberland, Md., to Westernport, Mil., during the year 1874, and that Thomas Moran, a minor child of the equitable plaintiff, was employed by the defendant as fireman on one of its engines on said road in the month of May, in said year, and that during said month the said engine blew up or exploded,…
1Opinion of the CourtAlvey, J.
This action was brought by the father to recover for the death of his son caused by the explosion of a locomotive engine on the road of the defendant, while the son was employed as fireman on such engine. The objection to the plaintiff’s right to recover is mainly founded in the supposed want of evidence to establish the existence of negligence on the part of the defendant, in providing the engine, and in the employment of workmen to superintend and keep such engine in proper repair.
*291We shall not undertake to recapitulate the evidence, nor to show what weight was due to any particular part of…
2Cases cited1 opinion
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
3Cited by30 opinions
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
- Baltimore & Ohio Railroad v. StrickerCourt of Appeals of Maryland · 1879
- State v. MalsterCourt of Appeals of Maryland · 1881
- Yates v. McCullough Iron Co.Court of Appeals of Maryland · 1888
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