Legal Opinion

Maryland, Delaware & Virginia Railway Co. v. Brown

Court of Appeals of Maryland

Decided January 12, 1909PublishedCited by 20 opinions

Appeal from the Court of Common Pleas of Baltimore City (Sharp, J.), where there was a judgment on verdict for the plaintiff for $3,000. Plaintiff’s 2nd Prayer.—The jury are instructed that it is the duty of the employer to use due and reasonable diligence, having respect to the nature of the service of the employed, to provide suitable appliances and instrumentalities, for doing the work.

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Appeal from the Court of Common Pleas of Baltimore City (Sharp, J.), where there was a judgment on verdict for the plaintiff for $3,000. Plaintiff’s 2nd Prayer.—The jury are instructed that it is the duty of the employer to use due and reasonable diligence, having respect to the nature of the service of the employed, to provide suitable appliances and instrumentalities, for doing the work. And if the jury find frtom the evidence that at the time of the accident and injury to the plaintiff, he was in the service of the defendant as a locomotive engineer, driving a locomotive to which a train…

1Opinion of the CourtPearce, J.

The appellee, who was employed by the appellant as an engineer to operate certain of its trains over its railroad between Love Point, in Queen Anne’s County, Maryland, and Eehoboth, Delaware, brought this action to recover damages . for injuries received by him in a héad-on collision between the engine and passenger train which he was running at the time, and another engine with a tender and coal car attached which was unmanned and running wild on the same track, the railroad being a single track road. The collision occurred about eight o’clock in the evening of August 6th, 1905, at a point a…

2Cases cited4 opinions

  1. Howard v. CarpenterCourt of Appeals of Maryland · 1857
  2. South Baltimore Car Works v. SchaeferCourt of Appeals of Maryland · 1902
  3. Brooke v. WintersCourt of Appeals of Maryland · 1874
  4. Crawford v. United Railways & Electric Co.Court of Appeals of Maryland · 1905

3Cited by20 opinions

  1. People's Drug Stores, Inc. v. WindhamCourt of Appeals of Maryland · 1940
  2. Moore v. American Stores Co.Court of Appeals of Maryland · 1936
  3. Baltimore & Ohio Railroad v. PlewsCourt of Appeals of Maryland · 1971
  4. Maryland Electric Railway Co. v. BeasleyCourt of Appeals of Maryland · 1912
  5. Central of Georgia Railway Co. v. KeatingCourt of Appeals of Georgia · 1932

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