Carter v. Maryland & Pennsylvania Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court for Baltimore County (Duncan, J.). The prayers referred to in the opinion of the Court are as follows: Plaintiff’s 1st Prayer,.—The jury are instructed that it was the duty' of the defendant to keep its railroad tracks and right of way clear of-combustible materials; and if the jury find that the defendant negligently permitted sedge grass and weeds and hushes likely to be ignited from sparks issuing from its engine to be and remain upon its…
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Appeal from the Circuit Court for Baltimore County (Duncan, J.). The prayers referred to in the opinion of the Court are as follows: Plaintiff’s 1st Prayer,.—The jury are instructed that it was the duty' of the defendant to keep its railroad tracks and right of way clear of-combustible materials; and if the jury find that the defendant negligently permitted sedge grass and weeds and hushes likely to be ignited from sparks issuing from its engine to be and remain upon its right of way between the Wysong Trestle and the old Preston Mill Build-. ings, and that on the 25th of April, 1906, said…
1Opinion of the CourtSchmucker, J.
The appellant, John T. Carter, recovered a judgment against the appellee company in an action of trespass in the Circuit Court for Baltimore County. The suit was brought in the Circuit Court for Harford County and was,, in the first instance, tried there. A new trial having been granted the case was removed to Baltimore County where, upon a second trial had in November, 1908, the plaintiff secured a verdict, upon which the judgment was entered, on May 8th, 1909, from which he took the present appeal.
The appellee moved, in this Court, to dismiss the appeal for error in passing orders extending…
2Cases cited20 opinions
- Consolidated Gas Electric Light & Power Co. v. State Ex Rel. SmithCourt of Appeals of Maryland · 1909
- Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905
- Edelhoff & Rinke v. Horner-Miller Mfg. Co.Court of Appeals of Maryland · 1898
- Roloson v. CarsonCourt of Appeals of Maryland · 1855
- Harker v. DementCourt of Appeals of Maryland · 1850
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3Cited by15 opinions
- United Railways & Electric Co. v. DeanCourt of Appeals of Maryland · 1912
- Owings v. DayhoffCourt of Appeals of Maryland · 1930
- Hall v. AlbertieCourt of Appeals of Maryland · 1922
- Patterson v. Baltimore & Ohio R. R.Court of Appeals of Maryland · 1918
- Susquehanna Transmission Co. v. MurphyCourt of Appeals of Maryland · 1917
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