State v. Pittsburgh & Connellsville Rail Road
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. The appeal in this case was taken hy the plaintiffs from the action of the Court helow overruling their demurrer to the defendant’s plea and quashing the writ. The case is stated in the opinion of this Court.
1Opinion of the CourtAivey, J.
This is an action brought in the name of the State, as legal plaintiff, for the use of the widow and infant child of Thomas Allen, deceased, who was killed while in the employment of the defendants, as fireman on a locomotive engine, in January, 1874. The action is brought under the 65th Article of the Code, secs. 1 and 2, which gives a right of action whenever the death of a person shall he caused by the wrongful act, neglect or default of another, “and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover…
2Cases cited5 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Brock v. MilliganOhio Supreme Court · 1840
- Beach v. Bay State Steamboat Co.New York Supreme Court · 1859
- Northern Central Co. v. SchollCourt of Appeals of Maryland · 1860
3Cited by31 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Prince De Bearn v. WinansCourt of Appeals of Maryland · 1909
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
- Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
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