Baltimore & Ohio Railroad v. Breinig ex rel.Bitter
Court of Appeals of Maryland
Appeal from tbe Superior Court of Baltimore city: This was an action instituted by the appellee against the appellant on the 30th of December, 1863, to recover damages for injuries received while attempting to cross the road of the appellant laid in the streets of Baltimore city.
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Appeal from tbe Superior Court of Baltimore city: This was an action instituted by the appellee against the appellant on the 30th of December, 1863, to recover damages for injuries received while attempting to cross the road of the appellant laid in the streets of Baltimore city. The plaintiff declared that the defendant, a corporation, owning a railroad and accustomed to run railway cars along the track of said road in the city of Baltimore, did, on the 9th day of June, 1859, negligently and carelessly cause said cars to run upon and against the plaintiff, whereby she was greatly injured,…
1Opinion of the CourtBartol, J.
New cases have caused greater embarrassment to the Courts than those involving questions of negligence on the part of railroad companies, and their agents, in the management and conduct of their engines and trains. This grows, in a great measure, out of the nature of the question itself. Being generally a mixed question of law and fact, it is not very easy, at all times, to defino the limit that separates the jurisdiction of the Court from that of the jury.
While in the jurisprudence, both of England and this country, the general rule is established that the question of negligence is one for…
2Cases cited2 opinions
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1857
3Cited by11 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- Exxon Corp. v. YaremaCourt of Special Appeals of Maryland · 1986
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Baltimore & Ohio Railroad v. State ex rel. MillerCourt of Appeals of Maryland · 1868
- Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
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