Baltimore & Ohio Railroad v. Boteler
Court of Appeals of Maryland
Appeal from the Circuit Court lor Washington County. The nature of the case is stated in the opinion of the Court. Defendant’s First Exception. — At the trial of this case the plaintiff, to support the issues on his part joined, proved that on the night of the 21st of November, 1867, in returning from Harper’s Ferry to his home, p,ear Weverton, he missed the entrance to the bridge of the defendant, provided for foot passengers, and walked over an abutment or embankment some…
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Appeal from the Circuit Court lor Washington County. The nature of the case is stated in the opinion of the Court. Defendant’s First Exception. — At the trial of this case the plaintiff, to support the issues on his part joined, proved that on the night of the 21st of November, 1867, in returning from Harper’s Ferry to his home, p,ear Weverton, he missed the entrance to the bridge of the defendant, provided for foot passengers, and walked over an abutment or embankment some twenty feet high, placed there by the defendant, and was greatly injured, and crippled for life; that the defendant…
1Opinion of the CourtBartol, C. J.
This suit was brought by the appellee to recover damages for injuries sustained by him, from an accident caused by the alleged negligence of the appellant.
The ground of the action is that the Railroad Company in the construction of its bridge across the Potomac, at Harper’s Perry, had made an embankment or precipice twenty feet deep, extending from the end or abutment of the bridge along the river, so near to the highway as to be dangerous to persons approaching the bridge at night; and the plaintiff in attempting to walk upon the bridge for th-e purpose of crossing, missed his way and fell…
2Cases cited2 opinions
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
- Vale v. BlissNew York Supreme Court · 1868
3Cited by19 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Baltimore & Ohio Railroad v. State ex rel. ChambersCourt of Appeals of Maryland · 1895
- Brezee v. PowersMichigan Supreme Court · 1890
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