Legal Opinion

Western Maryland Railroad v. Kehoe

Court of Appeals of Maryland

Decided June 17, 1896PublishedCited by 26 opinions

Appeal from the Circuit Court for Baltimore County. At the trial the plaintiff offered the following prayers : I. If the jury find that the plaintiff on the night of the accident was proceeding to his home along the country road driving his horse and buggy, and that before attempting to cross the defendant’s railroad he slowed up his horse tc look and listen for trains on the railroad, and that he neither saw nor heard any cars or locomotive near the crossing or in motion,…

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Appeal from the Circuit Court for Baltimore County. At the trial the plaintiff offered the following prayers : I. If the jury find that the plaintiff on the night of the accident was proceeding to his home along the country road driving his horse and buggy, and that before attempting to cross the defendant’s railroad he slowed up his horse tc look and listen for trains on the railroad, and that he neither saw nor heard any cars or locomotive near the crossing or in motion, and that while attempting to cross the first or main track of defendant’s road his buggy was struck by a car which had…

1Opinion of the CourtMcSherry, C. J.

This suit was brought to recover damages for a personal injury sustained by the appellee in consequence of the alleged negligence of the appellant. With respect to some of the circumstances testified to there was conflict in the evidence, but some of the facts seem to be unquestioned. According to the plaintiff’s version of the occurrence he was driving alone in a buggy on July the thirteenth, eigh*448teen hundred and ninety-five, about ten or ten-thirty P. M., along a public road in Baltimore County called the Seven Mile Lane, and his two brothers, in another buggy, were twenty or thirty yards…

2Cases cited5 opinions

  1. Savings Bank v. WardSupreme Court of the United States · 1880
  2. Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
  3. Lake Roland Elevated Railway Co. v. McKewenCourt of Appeals of Maryland · 1895
  4. Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
  5. Kean v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1884

3Cited by26 opinions

  1. West Virginia Central & Pittsburg R. Co. v. State Ex Rel. FullerCourt of Appeals of Maryland · 1903
  2. Baltimore Traction Co. v. HelmsCourt of Appeals of Maryland · 1897
  3. Jackson v. Pennsylvania RailroadCourt of Appeals of Maryland · 1939
  4. Baltimore & Ohio Railroad v. State Ex Rel. WelchCourt of Appeals of Maryland · 1911
  5. Duff v. United StatesCourt of Appeals for the Fourth Circuit · 1949

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