Legal Opinion

Baltimore & Ohio Rail Road v. Worthington

Court of Appeals of Maryland

Decided April 14, 1864PublishedCited by 37 opinions

Appeal from, the Superior Court of Baltimore City : This was an action brought by tbe appellee against tbe appellant, to recover damages for injuries sustained while riding as a passenger over tbe road of the appellant, on a train which was thrown from the track. The case is very fully stated in the opinions of the several Justices of this-. Court by whom the case was heard. The Court below erred in substituting its own instructions for those asked for by the defendants.

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Appeal from, the Superior Court of Baltimore City : This was an action brought by tbe appellee against tbe appellant, to recover damages for injuries sustained while riding as a passenger over tbe road of the appellant, on a train which was thrown from the track. The case is very fully stated in the opinions of the several Justices of this-. Court by whom the case was heard. The Court below erred in substituting its own instructions for those asked for by the defendants. The first inquiry is as to the difference between the two sets of instructions. The difference, it is contended, is this…

1Opinion of the Court

Bartol, J.,

delivered the following opinion, in which Cochran, J. concurred :

In my opinion the appéllants have no good cause to com-' plaiu of the ruling of the Superior Court in this case.

Nothing is better settled, than that a judgment will not be reversed on account of the rejection of prayers, even though correct in themselves, if the instructions given to the jury are correct, covering the whole case, and giving the law to the jury, as favorably for the appellant as he is entitled to ask. 3 Gill, 481, 482. 11 Md. Rep., 451. 14 Md. Rep., 444. 13 Peters, 191.

That rule seems to me to he…

2Cases cited4 opinions

  1. Stokes v. SaltonstallSupreme Court of the United States · 1839
  2. Pettigrew v. BarnumCourt of Appeals of Maryland · 1857
  3. Reddall v. BryanCourt of Appeals of Maryland · 1859
  4. Mutual Safety Insurance v. CohenCourt of Appeals of Maryland · 1846

3Cited by37 opinions

  1. Benedick v. PottsCourt of Appeals of Maryland · 1898
  2. Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
  3. Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
  4. Todd v. Mass Transit AdministrationCourt of Appeals of Maryland · 2003
  5. Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909

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