Legal Opinion

Agricultural & Mechanical Ass'n v. State ex rel. Carty

Court of Appeals of Maryland

Decided June 11, 1889PublishedCited by 23 opinions

Appeal from the Circuit Court for Washington County. The case is stated in the opinion of The Court. First Exception. — At the trial the plaintiff offered in evidence the testimony of Samuel Carty, the equitable plaintiff, and father of the deceased, who testified that he is fifty-two years of age, and was the father of John Carty, who was killed on the fair ground of the defendant on the 19th day of October last; that the son was nineteen years and seven months old at the…

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Appeal from the Circuit Court for Washington County. The case is stated in the opinion of The Court. First Exception. — At the trial the plaintiff offered in evidence the testimony of Samuel Carty, the equitable plaintiff, and father of the deceased, who testified that he is fifty-two years of age, and was the father of John Carty, who was killed on the fair ground of the defendant on the 19th day of October last; that the son was nineteen years and seven months old at the time of his death; that he had emancipated his son two years before he was killed; that the sou was working for himself,…

1Opinion of the CourtMiller, J.

This suit was brought under the Negligence law, by a father to recover damages for the death of his minor son, .caused, as it is alleged, by the negligence of the defendant. Many actions have been brought under this statute, and they seem to be daily increasing in number. The *99legal principles which govern them are familiar, but there is always more or less difficulty in the application of these principles to particular cases. Here the boy killed was nineteen years and seven months old, and he met liis death under peculiar circumstances.

We gather from the record, that in October, 1888, the…

2Cases cited8 opinions

  1. Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
  2. Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
  3. Baltimore & Ohio Railroad v. State ex rel. MahoneCourt of Appeals of Maryland · 1885
  4. Albert v. State ex rel. RyanCourt of Appeals of Maryland · 1887
  5. State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866

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3Cited by23 opinions

  1. Bond v. United R.R. of S.F.California Supreme Court · 1911
  2. Betesh v. United StatesDistrict Court, District of Columbia · 1974
  3. State Ex Rel. Parr v. Board of County CommissionersCourt of Appeals of Maryland · 1955
  4. State Ex Rel. Bowman v. Wooleyhan Transport Co.Court of Appeals of Maryland · 1949
  5. London Guarantee & Accident Co. v. Balgowan Steamship Co.Court of Appeals of Maryland · 1931

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