Western Maryland Rail Road v. Stanley
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. At the trial the plaintiff offered the two following prayers: 1. That if the jury believe, that at the time referred to, the plaintiff had paid his fare, and was a passenger on a train on the road of defendant, that it was then the duty of the defendant, so far as the management and movement of its train was concerned, to use all reasonable means in its power to avoid subjecting…
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Appeal from the Baltimore City Court. The case is stated in the opinion of the Court. Exception. At the trial the plaintiff offered the two following prayers: 1. That if the jury believe, that at the time referred to, the plaintiff had paid his fare, and was a passenger on a train on the road of defendant, that it was then the duty of the defendant, so far as the management and movement of its train was concerned, to use all reasonable means in its power to avoid subjecting the plaintiff to discomfort and annoyance; and if they find, that at the time referred to, the door of the car in which…
1Opinion of the CourtIrving, J.
The appellee sued the appellant in Baltimore City Court for injuries sustained whilst he was a passenger on appellant’s road, by reason of the negligence of the appellant.
Two questions only are presented for determination. The appellant offered two prayers. First, that .there was no legally sufficient evidence of negligence on the part of the appellant; and second, that upon the undisputed facts the appellee was guilty of contributory negligence which barred his recovery. The Court rejected these prayers, and granted the appellee’s two prayers, the first of which recited the facts deemed…
2Cases cited1 opinion
- Mayor of Baltimore v. HolmesCourt of Appeals of Maryland · 1874
3Cited by4 opinions
- Valentine v. Northern Pacific Railway Co.Washington Supreme Court · 1912
- Cook v. Lewis K. Liggett Co.Supreme Court of Florida · 1937
- M., K. & T. Railway Co. v. TurleyCourt Of Appeals Of Indian Territory · 1896
- Louisville & Nashville Railroad v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1927