Baltimore & Ohio Railroad v. Fitzpatrick
Court of Appeals of Maryland
Cross-Appeals from the Court of Common Pleas. Plaintiff’s Exception: The plaintiff gave evidence, at the trial below, tending to show, that on the night of the 29f.li of November, 1870, between the hours of 8 and 9, the defendant had placed a line of cars, which it had been making up from 5 to 8 o’clock, P. M., extending down Howard street from above Wayne street, to a point below Barre street, so as to obstruct the crossings of said street at Barre and Wayne streets and the…
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Cross-Appeals from the Court of Common Pleas. Plaintiff’s Exception: The plaintiff gave evidence, at the trial below, tending to show, that on the night of the 29f.li of November, 1870, between the hours of 8 and 9, the defendant had placed a line of cars, which it had been making up from 5 to 8 o’clock, P. M., extending down Howard street from above Wayne street, to a point below Barre street, so as to obstruct the crossings of said street at Barre and Wayne streets and the intermediate space between said streets, and that the plaintiff seeing an open space some five feet wide between said…
1Opinion of the CourtAlvey, J.
This record presents cross-appeals, but we are only required to pass upon the appeal of the plaintiff below in the event of reversal on the exception of the defendant.
The action was brought to recover of the defendant for injuries sustained by the plaintiff, by being caught between two cars of the former, while the latter was attempting to cross Howard street in Baltimore.
At the trial below prayers were offered for the Court’s instruction to the jury, on both sides; but of those prayers only the second and third of the plaintiff, and the third and *43seventh of the defendant, were granted. The…
2Cited by23 opinions
- Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
- McMahon v. Northern Central Railway Co.Court of Appeals of Maryland · 1874
- Crunkilton v. HookCourt of Appeals of Maryland · 1945
- Cumberland Valley Railroad v. MaugansCourt of Appeals of Maryland · 1883
- Johnson v. B. & O. R. R.West Virginia Supreme Court · 1885
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