Philadelphia, Wilmington & Baltimore Railroad v. Larkin
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City. In this case Thomas Larkin brought an action in the Court of Common Pleas of Baltimore City, against the Philadelphia, Wilmington and Baltimore Railroad Company, alleging in the declaration that he had been expelled from defendant’s cars by its agents, illegally and with circumstances of gross and wanton outrage.
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Appeal from the Court of Common Pleas of Baltimore City. In this case Thomas Larkin brought an action in the Court of Common Pleas of Baltimore City, against the Philadelphia, Wilmington and Baltimore Railroad Company, alleging in the declaration that he had been expelled from defendant’s cars by its agents, illegally and with circumstances of gross and wanton outrage. It was proved that on the 20th November, 1875, the plaintiff bought a ticket over defendant’s road from Philadelphia to-Baltimore and had his baggage checked to the latter place: that he took his seat, shortly before the train…
1Opinion of the CourtMiller, J.
This action was brought by the appellee who was a passenger on the appellant’s cars, to recover damages for having been expelled therefrom by the conductor, and other employes of the company. There is a direct conflict in the testimony as to the cause of the expulsion, the circumstances attending and the degree of violence used in accomplishing it. It was for the jury to decide that question and they have done so. Our duty is confined to a review of the rulings of the Court below upon the law of the case to which exception ivas taken by the defendant. All the prayers offered on both sides,…
2Cases cited3 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Whelan v. CookCourt of Appeals of Maryland · 1868
3Cited by18 opinions
- Adler v. American Standard Corp.District Court, D. Maryland · 1982
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Davis v. GordonCourt of Appeals of Maryland · 1944
- Philad. Traction Co. v. OrbannSupreme Court of Pennsylvania · 1888
- Gill v. StaylorCourt of Appeals of Maryland · 1901
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