Legal Opinion

Deck v. Baltimore & Ohio Railroad

Court of Appeals of Maryland

Decided January 12, 1905PublishedCited by 33 opinions

Appeal from the Court of Common Pleas (StockbridgE, J. ), where there was a judgment for $5,000 against the defendant, Steiner.

Read the full summary

Appeal from the Court of Common Pleas (StockbridgE, J. ), where there was a judgment for $5,000 against the defendant, Steiner. Even if no testimony of the general character of the duties of detectives or special officers, employed by private corporations, appeared in the record, it is respectfully submitted that it is a matter of common knowledge that the duties of such employment necessarily involve the use of force to carry out the purposes of such employment, and the duty to remove trespassers is necessarily implied as an incident to such employment. Haehl v. Wabash R. R., 119 Mo. 340;…

1Opinion of the CourtFowler, J.

This is an action to recover damages for personal injury.

Louis Deck sues the Baltimore and Ohio Railroad Company and Charles A. Steiner. The ground of the action is that Steiner who is alleged to have been in the employ of that company, in the regular course of his business, shot the plaintiff, seriously and permanently injuring him. The defendants pleaded the general issue.

During the taking of the testimony of the plaintiff which was offered to establish the responsibility of the Railroad Company for the assault and shooting of the plaintiff, the plaintiff reserved four exceptions, which…

2Cases cited5 opinions

  1. Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
  2. Baltimore Consolidated Railway Co. v. PierceCourt of Appeals of Maryland · 1899
  3. Evans v. DavidsonCourt of Appeals of Maryland · 1880
  4. Cleveland v. NewsomMichigan Supreme Court · 1880
  5. W. W. Boyer & Co. v. CoxenCourt of Appeals of Maryland · 1901

3Cited by33 opinions

  1. Nelson v. SeilerCourt of Appeals of Maryland · 1927
  2. Ricketts v. StateCourt of Appeals of Maryland · 1981
  3. Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
  4. Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
  5. McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API