Legal Opinion

Mayor of Baltimore v. Maryland ex rel. Hutchison

Court of Appeals for the Fourth Circuit

Decided November 5, 1908No. 811PublishedCited by 7 opinions

In Error to the Circuit Court of the United States for the District of Maryland. This is an action at law Drought by the state of Maryland, to the use of Prances C. Hutchison, widow of John C. Hutchison, deceased, and his four infant children, Bessie Louise Hutchison, Catherine Hutchison, George I-Iutehison, and Lois Hutchison, against the mayor and city council of Baltimore, Md., for damages sustained by the equitable plaintiff as the result of the death of said John O.…

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In Error to the Circuit Court of the United States for the District of Maryland. This is an action at law Drought by the state of Maryland, to the use of Prances C. Hutchison, widow of John C. Hutchison, deceased, and his four infant children, Bessie Louise Hutchison, Catherine Hutchison, George I-Iutehison, and Lois Hutchison, against the mayor and city council of Baltimore, Md., for damages sustained by the equitable plaintiff as the result of the death of said John O. Hutchison in an accident caused by the alleged negligence of the defendant in leaving unguarded a portion of Merryiuan’s…

1Opinion of the CourtWaddidl, District Judge

(after stating the facts as above). With the view of intelligently passing on the instructions given by the court, a brief statement of the facts in the case will be given.

The city, in constructing the bridge at the point where the accident happened, found it necessary to make an excavation into 'the southern line of the public highway, 20 feet wide, 25 feet deep, and extending along the highway some 100 feet or more. The testimony tended to show that on the night in question the city sought to protect this excavation by a railing or barrier, upon which there were four red lights, extending…

2Cases cited19 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Barnes v. District of ColumbiaSupreme Court of the United States · 1876
  3. Evanston v. GunnSupreme Court of the United States · 1879
  4. Johnston v. JonesSupreme Court of the United States · 1862
  5. Block v. DarlingSupreme Court of the United States · 1891

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3Cited by7 opinions

  1. Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
  2. Mayor of Baltimore v. State Ex Rel. BiggsCourt of Appeals of Maryland · 1918
  3. Southern Ry. Co. v. PriesterCourt of Appeals for the Fourth Circuit · 1923
  4. State Ex Rel. Biggs v. Mayor of Baltimore CityCourt of Appeals of Maryland · 1917
  5. Kearns v. Mobile L. & R. R.Supreme Court of Alabama · 1916

2 more not listed; retrieve them via the Exa API.

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