Duvall v. Baltimore & Ohio Railroad
Court of Appeals of Maryland
Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. First Exception. — The plaintiff on cross-examination asked a witness of the defendant the following question: “Is there any appliance in general use by railroad companies by which the noise produced by the ‘ popping-off ’ of steam from the safety valve of engines, as testified by you, can he suppressed or greatly reduced ?” the plaintiff offering to show by witness that there…
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Appeal from the Circuit Court for Carroll County. The case is stated in the opinion of the Court. First Exception. — The plaintiff on cross-examination asked a witness of the defendant the following question: “Is there any appliance in general use by railroad companies by which the noise produced by the ‘ popping-off ’ of steam from the safety valve of engines, as testified by you, can he suppressed or greatly reduced ?” the plaintiff offering to show by witness that there was an appliance in general use on railroads known as a “muffler,” by which the noise produced by safety valves…
1Opinion of the CourtRobinson, J.
We agree with the Court below that there is no evidence in this case from which the jury could fairly and reasonably find negligence on the part of the defendant company. Its freight train was standing on the track at Mount Airy Station, near a public crossing, waiting for telegraphic orders to move. The plaintiff, on horseback, rode up to the crossing, saw the engine on the track, and saw the flagman standing by the side of the crossing, with his flag furled, thus indicating there was no danger to be apprehended from the movement of trains to persons desiring'to cross the track; and while…
2Cited by8 opinions
- Baltimore & Ohio Railroad v. HarrisCourt of Appeals of Maryland · 1913
- Philadelphia, Wilmington & Baltimore Railroad v. BurkhardtCourt of Appeals of Maryland · 1896
- Riley v. New York, Philadelphia & Norfolk RailroadCourt of Appeals of Maryland · 1899
- Lake Shore & Michigan Southern Railroad v. ButtsIndiana Court of Appeals · 1902
- Hickey v. Rio Grande Western Ry. Co.Utah Supreme Court · 1905
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