Baltimore & Ohio Railroad v. Shipley
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This was an action on the case, instituted by the appellee under Article 77, of the Code, to recover damages for tbe destruction of his property by fire from the engines of the appellant. The track of the defendant ran through the farm of the plaintiff, some three or four hundred yards on the north side, and a still greater distance on the south side.
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Appeal from the Circuit Court for Frederick County. This was an action on the case, instituted by the appellee under Article 77, of the Code, to recover damages for tbe destruction of his property by fire from the engines of the appellant. The track of the defendant ran through the farm of the plaintiff, some three or four hundred yards on the north side, and a still greater distance on the south side. On the 23rd of September, 1871, a fire occurred on the plaintiff's farm, destroying a tobacco bouse filled with hay, a large number of tobacco sticks and fence rails ; and about fifty or sixty…
1Opinion of the CourtRobinson, J.
This suit was brought to recover damages for the destruction of the plaintiff’s property by fire from the engines of the defendant.
The question presented by the first exception, is whether it was competent for the plaintiff to prove that none of the hands or employes of the defendant were present aiding and assisting in putting out the fire, the plaintiff stating at the time that he proposed to follow it by proving that a gang of ten or twelve men employed for the purpose of repairs on the section of the road where the fire occurred were absent not on business of the Company. This evidence…
2Cited by18 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Ortiz v. StateSupreme Court of Florida · 1892
- Grzboski v. Bernheimer-Leader StoresCourt of Appeals of Maryland · 1928
- Rent-A-Car Co. v. Globe & Rutgers Fire InsuranceCourt of Appeals of Maryland · 1931
- Missouri Pacific Railway Co. v. PlatzerTexas Supreme Court · 1889
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