Western Maryland Railroad v. Carter
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. The nature of the case is stated in the opinion of the Court. First Exception.—The defendant offered to prove hy John H. Baum, a competent witness, who was foreman of the sixth division of the defendant’s road, that he had, on two or three occasions previous to the accident hy which the colt was killed, notified Airheart Winters, (who testified in this cause, on the part of the plaintiff,) that said colts were in the habit of…
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Appeal from the Circuit Court for Carroll County. The nature of the case is stated in the opinion of the Court. First Exception.—The defendant offered to prove hy John H. Baum, a competent witness, who was foreman of the sixth division of the defendant’s road, that he had, on two or three occasions previous to the accident hy which the colt was killed, notified Airheart Winters, (who testified in this cause, on the part of the plaintiff,) that said colts were in the habit of trespassing on the defendant’s roadway, and that they were in the habit of going in and out of said field at the…
1Opinion of the CourtAlvey, J.
This action was brought to recover of the defendant the value of a colt, alleged to have been killed on the railroad of the defendant by the negligence of its employes.
The first question presented on the record arises upon the rejection of evidence offered by the defendant, and which was the subject of the first bill of exception. But the materiality of the evidence offered is not perceived; and besides it was made quite unimportant to the defendant, even if it had been material, inasmuch as the same facts sought to be proved had been given in evidence on the part of the plaintiff. The…
2Cases cited6 opinions
- Tyson v. ShueeyCourt of Appeals of Maryland · 1853
- Keech v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1861
- Baltimore & Ohio Railroad v. MulliganCourt of Appeals of Maryland · 1877
- Penn v. Flack & CooleyCourt of Appeals of Maryland · 1831
- Baltimore & Ohio Rail Road v. LambornCourt of Appeals of Maryland · 1858
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3Cited by15 opinions
- Burke v. Mayor of BaltimoreCourt of Appeals of Maryland · 1916
- Magaha v. Mayor of HagerstownCourt of Appeals of Maryland · 1902
- Bassett v. M. C.C. of Ocean CityCourt of Appeals of Maryland · 1912
- Hobbs v. BatoryCourt of Appeals of Maryland · 1897
- Pearre v. SmithCourt of Appeals of Maryland · 1909
10 more not listed; retrieve them via the Exa API.