Philadelphia, Wilmington & Baltimore Railroad v. Stebbing
Court of Appeals of Maryland
Appeal from tlie Circuit Court for Cecil County. This was an action brought by the appellee against the appellant, to recover damages for injuries sustained by the former through the alleged negligence of the latter.
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Appeal from tlie Circuit Court for Cecil County. This was an action brought by the appellee against the appellant, to recover damages for injuries sustained by the former through the alleged negligence of the latter. The Port Deposit Branch of the defendant railroad extends from Perryville to the lower end of Port Deposit; and the portion of the road that extends from that point to the depot, which was situate in the middle of the town, 'was built by the Columbia and Port Deposit Railroad Company, and at the time of the accident, the right to use the track of this road was enjoyed by the…
1Opinion of the CourtAlvey, J.
We think the Court below was quite right in refusing to withdraw this case from the jury, on the prayers of the defendant. While the testimony as to the material facts of the case, was very conflicting, that given on the part of the plaintiff entitled him to have the weight and credibility of the whole evidence passed upon by the jury. For *514though it he true, if we assume the truth of all the evidence on the part of the defendant, there would he no ground for recovery by the plaintiff, yet the evidence on the part of the plaintiff, if believed by the jury, might well afford ground for the…
2Cases cited3 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Pennsylvania Co. v. HensilIndiana Supreme Court · 1880
- Frech v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1874
3Cited by44 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- State v. . PrinceSupreme Court of North Carolina · 1921
- Sun Cab Co. v. FaulknerCourt of Appeals of Maryland · 1932
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
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