Legal Opinion

Baltimore & Ohio Railroad v. Dorsey

Court of Appeals of Maryland

Decided December 4, 1872PublishedCited by 4 opinions

Appeal from tlie Circuit Court for Howard County. This was an action instituted by the appellee to recover for damage done her property by fire, alleged to have been caused by burning coals thrown from the engines of the appellant. The facts of the case are sufficiently presented in the opinion of the Court. An exception was taken-hy the defendant to the rejection by the Court (Hayden, J.) of its fifth, sixth and seventh prayers.

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Appeal from tlie Circuit Court for Howard County. This was an action instituted by the appellee to recover for damage done her property by fire, alleged to have been caused by burning coals thrown from the engines of the appellant. The facts of the case are sufficiently presented in the opinion of the Court. An exception was taken-hy the defendant to the rejection by the Court (Hayden, J.) of its fifth, sixth and seventh prayers. The fifth prayer is set out in the opinion of the Court, the others are as follows: Sixth. That there is no evidence in this case that any coals, ashes, cinders, or…

1Opinion of the Court

Miller, J.,

delivered the -opinion of the Court

This is an action to recover for damage done to the plaintiff’s property by fire, alleged to have been caused by burning coals thrown from the defendant’s engines. The fire-took place on the 9th of April, 1869, near the railroad track where it follows a bend of the Patapsco between Elysville and Dorsey’s Run, not far from the foot of'steep hills forming part of the plaintiff’s farm. It appears to have commenced near the middle of the bend, and spread over about fifty acres of the plaintiff's land doing considerable damage, especially to growing…

2Cases cited2 opinions

  1. Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
  2. Baltimore & Ohio Rail Road v. LambornCourt of Appeals of Maryland · 1858

3Cited by4 opinions

  1. Annapolis & Elkridge Railroad v. GanttCourt of Appeals of Maryland · 1873
  2. Pennsylvania Co. v. WhitlockIndiana Supreme Court · 1884
  3. Lombardo v. Clifford Bros. Co.Court of Appeals of Maryland · 1921
  4. George v. Farmers' & Merchants' National BankCourt of Appeals of Maryland · 1928

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