County Commissioners v. Duvall
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel County. This action was brought against the appellants in the Circuit Court for Anne Arundel County, by the appellee, to recover in damages for injuries sustained by him while driving on a public road, by the falling of a tree, through the carelessness of laborers employed by the Road Supervisor in repairing the road. The case was removed to Baltimore County where it was tried.
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Appeal from the Circuit Court for Anne Arundel County. This action was brought against the appellants in the Circuit Court for Anne Arundel County, by the appellee, to recover in damages for injuries sustained by him while driving on a public road, by the falling of a tree, through the carelessness of laborers employed by the Road Supervisor in repairing the road. The case was removed to Baltimore County where it was tried. Exception.—The plaintiff offered three prayers, which the Court, (G-kason and Yellott, J.,) granted. The defendants offered ten prayers, the fifth, sixth, seventh and…
1Opinion of the CourtBrent, J.
On the 26th of August, 1878, the appellee, in passing along one of the public roads in Anne Arundel County, at a point where it was being repaired under the direction of the Road Supervisor, was struck and injured by a tree rolling over from a bank, outside the road and elevated about twelve feet above the level of the road-bed.
The tree was cut down by two of the hands engaged in making the repairs, for the purpose of being used to fill up *355a wash, in the road. A high wind was prevailing at the time, and, as the tree was felled, it was whirled over for several yards in a direction after the…
2Cases cited9 opinions
- Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Mayor of Baltimore v. O'DonnellCourt of Appeals of Maryland · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Anne Arundel County v. Carr.Court of Appeals of Maryland · 1909
- Boggess v. King CountyWashington Supreme Court · 1929
- County Commissioners v. GaylorCourt of Appeals of Maryland · 1922
- Adams v. County CommissionersCourt of Appeals of Maryland · 1907
- Richardson v. Co. Comm'rs. Kent Co.Court of Appeals of Maryland · 1913
4 more not listed; retrieve them via the Exa API.