Tucker v. State Ex Rel. Johnson
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Harlan, C. J.) At the trial some of the prayers offered were the following : Plaintiff's Prayer No. 11-2. — If the jury find that Uriah Johnson, the deceased, was related to the equitable plaintiffs as charged in the declaration, and that on the rst April, 1893, said Johnson and Andrew Reynolds were engaged in a fight, near the defendant’s store at Bynum Station, in Harford County, and that the defendant came out of his store and seeing…
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Appeal from the Court of Common Pleas (Harlan, C. J.) At the trial some of the prayers offered were the following : Plaintiff's Prayer No. 11-2. — If the jury find that Uriah Johnson, the deceased, was related to the equitable plaintiffs as charged in the declaration, and that on the rst April, 1893, said Johnson and Andrew Reynolds were engaged in a fight, near the defendant’s store at Bynum Station, in Harford County, and that the defendant came out of his store and seeing said fight, ran up to within a short distance of said Johnson and fired his pistol toward him, and shot and killed him,…
1Opinion of the CourtBoyd, J.
This suit was brought under Article 67 of the Code against the appellant to recover damages for the killing of Uriah Johnson, who was the husband of Ann E. Johnson, and the father of the other equitable plaintiffs. Since the passage of the statute which now constitutes that Article of the Code, actions for alleged negligence causing death have been very frequent, but this is the first time this Court has been called upon to review a case in which the death, which is the foundation of the suit, was occasioned by the discharge of a loaded pistol at the person killed. Our statute is very similar…
2Cases cited15 opinions
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- March v. WalkerTexas Supreme Court · 1877
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- Baltimore & Ohio Railroad v. State ex rel. MahoneCourt of Appeals of Maryland · 1885
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3Cited by41 opinions
- Eagle-Picher Industries, Inc. v. BalbosCourt of Appeals of Maryland · 1992
- Stewart v. United Electric Light & Power Co.Court of Appeals of Maryland · 1906
- United States Gypsum Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1994
- Adams, Nelson, and Timanus v. StateCourt of Appeals of Maryland · 1952
- Grieger v. VegaTexas Supreme Court · 1954
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