Legal Opinion

Philadelphia, Wilmington & Baltimore Railroad v. State ex rel. Bitzer

Court of Appeals of Maryland

Decided July 11, 1882PublishedCited by 21 opinions

Appeal from the Circuit Court for Carroll County. Tlie case is sufficiently stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the three following prayers: 1. If the jury shall find from tlie evidence, that Samuel Bitzer was the driver of a car in use on the road of defendant, in pursuance of the written agreement given in evidence, and that on or about the 23rd of July, 1871, he was, while driving sajd car in the course of his employment,…

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Appeal from the Circuit Court for Carroll County. Tlie case is sufficiently stated in the opinion of the Court. Exception.—At the trial the plaintiff offered the three following prayers: 1. If the jury shall find from tlie evidence, that Samuel Bitzer was the driver of a car in use on the road of defendant, in pursuance of the written agreement given in evidence, and that on or about the 23rd of July, 1871, he was, while driving sajd car in the course of his employment, killed on the road of the defendant by being run over by said car, and that such killing resulted from an imperfection in…

1Opinion of the Court

Gjelason, J.,

delivered tlie opinion of the Court.

At the trial of this caso, in the Circuit Court for Carroll County, exceptions were taken by the appellant, to the granting of the three prayers of the appellee, as well as to the rejection of all its prayers, except the seventh, thirteenth, fourteenth and seventeenth, as also to the instruction given by the Court in lieu of the third, fourth, tenth, and eleventh. A motion in arrest of judgment was also filed, which was overruled, and we will dispose of that before considering the prayers.

The motion is based on twelve reasons, which are…

2Cited by21 opinions

  1. Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
  2. Vonderhorst Brewing Co. v. AmrhineCourt of Appeals of Maryland · 1904
  3. Sun Cab Co. v. WalstonCourt of Special Appeals of Maryland · 1972
  4. Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
  5. Lehigh Valley R. Co. v. DupontCourt of Appeals for the Second Circuit · 1904

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