Baltimore & Ohio Railroad v. Mulligan
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. The appellant was sued by the appellee to recover damages sustained by the loss of his cow, which was run over and killed by the cars of the defendant. It was admitted that the cow when struck was unattended by any one.
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Appeal from the Circuit Court for Allegany County. The appellant was sued by the appellee to recover damages sustained by the loss of his cow, which was run over and killed by the cars of the defendant. It was admitted that the cow when struck was unattended by any one. Exception. — At the trial the plaintiff offered the three following prayers: 1. That notwithstanding the presence of the cow of the plaintiff on the public highway, if the jury shall find she was on the highway crossed by the railroad, unattended at the time she was killed, is evidence of negligence on the part of the…
1Opinion of the CourtRobinson, J.
The question of contributory negligence has been considered so often by the Courts, that one might reasonably "suppose the law in regard to it, ought by this time, to be pretty well settled; and yet it seems, that in this State, the question is still open for discussion.
The plaintiff is here claiming damages for a cow, killed on the railroad track of the defendant, and the latter con*491tends, that if the owner permitted or suffered the cow to stray upon the track of the railroad, such negligence on his part, constitutes a bar to the action. On the other hand, it is insisted, that although the…
2Cases cited4 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Lewis v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1873
- Baltimore & Ohio Railroad v. State ex rel. DoughertyCourt of Appeals of Maryland · 1872
3Cited by11 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Western Maryland Railroad v. CarterCourt of Appeals of Maryland · 1883
- Northern Central Railway Co. v. GreenCourt of Appeals of Maryland · 1910
- Baltimore & Potomac Rail Road v. State ex rel. StansburyCourt of Appeals of Maryland · 1880
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