State v. Boyce

This action was brought in the name of the State for the use of the widow and children of Joseph Bashe, who was killed by the giving way of a plank on the wharf of the appellee, by reason of unsoundness and rottenness which was attributed to the negligence of the owner, James Boyce, the appellee.

At the time of the accident the wharf was in the occupancy of the Consolidated Coal Company of Baltimore City, and the deceased was in the employ of that company.

*470There is hut one question involved in the appeal, and that is the correctness or not of the Court’s ruling in instructing the jury that…