Baltimore & Ohio Railroad v. State ex rel. Trainor
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action against the appellant, brought in the name of the State for the use of the widow and children of John Trainor, deceased, to recover damages for his death. The deceased was employed as a spiker, by the appellant.
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Appeal from the Court of Common Pleas. This was an action against the appellant, brought in the name of the State for the use of the widow and children of John Trainor, deceased, to recover damages for his death. The deceased was employed as a spiker, by the appellant. He was paid at the rate of a dollar and fifty cents a day, payable at the end of each month, less any time he might have lost during the month; he was liable to be discharged at any time, on which event he would be paid up to the time of his discharge. His business was to go twice a day over his beat, which extended from the…
1Opinion of the CourtMaulsby, J.
Mitch of the law applicable to this case is well settled, and is stated with clearness and precision in Northern Central Railway Co. vs. State, use of Price, 29 Md., 421, thus, “if the negligence of the defendant was the proximate, and that of the deceased the remote, cause of the injury, the action is maintainable, notwithstanding the deceased may not have been entirely without fault.”
Tested by this rule we can perceive no error in the plaintiffs’ first and second prayers which were granted by the Court below. It is objected by the appellant to the first prayer, that it admits that there may…
2Cases cited1 opinion
- Northern Central Railway Co. v. State ex rel. GeisCourt of Appeals of Maryland · 1869
3Cited by62 opinions
- Duval v. HuntSupreme Court of Florida · 1894
- Baltimore Transit Co. v. State Ex Rel. CastrandaCourt of Appeals of Maryland · 1974
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
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