Treusch v. Kamke
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This action was brought by the appellee to recover of the appellant for the loss of the earnings of the plaintiff’s wife in her business, in consequence of injuries to her person produced by the fall of the defendant’s canning-house ; for expenses incurred for her medical treatment, and for nursing her while she was confined to her hed. The plaintiff attributed the fall of the canning-house to the defendant’s negligence.
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Appeal from the Court of Common Pleas. This action was brought by the appellee to recover of the appellant for the loss of the earnings of the plaintiff’s wife in her business, in consequence of injuries to her person produced by the fall of the defendant’s canning-house ; for expenses incurred for her medical treatment, and for nursing her while she was confined to her hed. The plaintiff attributed the fall of the canning-house to the defendant’s negligence. The case is further stated in the ■opinion of the Court. Exception. — The Court instructed the jury as follows : If the jury find that…
1Opinion of the CourtStone, J.
In this case there was a general demurrer to the declaration. The demurrer was,overruled, and the plea of not guilty entered; the case was tried before a jury, and the verdict being against the defendant below, the appellant, he has appealed to this Court. The judgment of the Court below in overruling the demurrer is open for review in this Court.
In deciding upon the question raised by the demurrer, we are confined to the declaration alone, and cannot consider the subsequent verdict.
It is a matter of regret that so much of the Act of 1856, ch. 112, that required the particular grounds of the…
2Cases cited3 opinions
- Kennerly v. WilsonCourt of Appeals of Maryland · 1851
- Chilton v. JonesCourt of Appeals of Maryland · 1815
- Faget v. BraxtonCourt of Appeals of Maryland · 1806
3Cited by4 opinions
- Minh-Vu Hoang v. Hewitt Avenue Associates, LLCCourt of Special Appeals of Maryland · 2007
- Groover v. HammondSupreme Court of Florida · 1917
- Legum v. BlankCourt of Appeals of Maryland · 1907
- Baltimore City Lodge No. 3 of Fraternal Order of Police, Inc. v. MantegnaCourt of Special Appeals of Maryland · 1985