Western Maryland Railroad v. State Ex Rel. Shirk
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City (Sharp, J.), where there was a judgment for plaintiff for $2,500. At the close of plaintiff’s evidence the defendant offered the following prayer : “The defendant prays the Court to rule, as a matter of law, that upon the pleadings and evidence in this case, the plaintiffs are not entitled to recover.” But the Court refused to grant said prayer. . Plaintiff’s 1 st Prayer.
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Appeal from the Superior Court of Baltimore City (Sharp, J.), where there was a judgment for plaintiff for $2,500. At the close of plaintiff’s evidence the defendant offered the following prayer : “The defendant prays the Court to rule, as a matter of law, that upon the pleadings and evidence in this case, the plaintiffs are not entitled to recover.” But the Court refused to grant said prayer. . Plaintiff’s 1 st Prayer. That if the Court shall find as a matter of fact that the defendant was in the month of August, 1894, a corporation leasing and operating a railroad at Cherry Run, in the…
1Opinion of the CourtMcSherry, C. J.
This suit was brought in the name of the State of Maryland for the use of the widow and the father of Jacob E. Shirk, deceased, against the Western Maryland Railroad Company to recover damages for the injuries sustained by the equitable plaintiffs as a consequence of the death of Shirk. The death of Shirk is alleged to have been caused by the negligence of the railroad company. The questions that are open for consideration are all brought up by an exception to the Court’s rulings on the prayers presented at the close of the case. The prayer offered at the conclusion of the plaintiff’s case…
2Cases cited10 opinions
- Benedick v. PottsCourt of Appeals of Maryland · 1898
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Philadelphia, Wilmington & Baltimore Railroad v. StebbingCourt of Appeals of Maryland · 1884
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Baltimore City Passenger Ry. Co. v. NugentCourt of Appeals of Maryland · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mann v. VIRGINIA DARE TRANSPORTATION COMPANY, INC.Supreme Court of North Carolina · 1973
- State Ex Rel. Chenoweth v. Baltimore Contracting Co.Court of Appeals of Maryland · 1939
- State v. United Railways & Electric Co.Court of Appeals of Maryland · 1932
- Mayor of Baltimore v. State Ex Rel. BiggsCourt of Appeals of Maryland · 1918
- McQuay v. SchertleCourt of Special Appeals of Maryland · 1999
15 more not listed; retrieve them via the Exa API.