Northern Central Ry. Co. v. State Ex Rel. Gilmore
Court of Appeals of Maryland
Appeal from the Court of Common Pleas (Stockbridge, J.), where there was a judgment for the plaintiff for $1,500. The alleged acts of negligence on the part of defendant were, (a) the failure of the engineer to give signals of its approach; ('b) the invitation of the gateman.
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Appeal from the Court of Common Pleas (Stockbridge, J.), where there was a judgment for the plaintiff for $1,500. The alleged acts of negligence on the part of defendant were, (a) the failure of the engineer to give signals of its approach; ('b) the invitation of the gateman. One witness for plaintiff testified that the engine gave no signal by bell or whistle, and others testified that they did not “hear” or “notice” any, and accordingly, their testimony will be considered in connection with defendant’s ninth prayer. There was testimony for plaintiff that as deceased reached the crossing the…
1Opinion of the CourtSchmucker, J.
This is an appeal from a judgment of the Court of Common Pleas of Baltimore City in favor of the equitable appellee for damages for the death of his son as the result of an accident at a railway crossing. There is but one bill of exceptions in the record and that is from the Court’s rulings on the prayers.
The evidence as to the locus 111 quo of the accident and of the situation of the parties involved in it, down to a few minutes before its occurrence, is uncontradicted, but as to the cir cumstances of the accident itself there is the most positive conflict of testimony. The accident occurred…
2Cases cited7 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Baltimore & Ohio Railroad v. StumpfCourt of Appeals of Maryland · 1903
- Chicago, Rock Island & Pacific Railway Co. v. CloughIllinois Supreme Court · 1890
- Baltimore & Ohio Railroad v. State Ex Rel. RomingCourt of Appeals of Maryland · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Armour & Co. v. LeasureCourt of Appeals of Maryland · 1939
- United Railways & Electric Co. v. CrainCourt of Appeals of Maryland · 1914
- Pennsylvania Railroad v. YinglingCourt of Appeals of Maryland · 1925
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
12 more not listed; retrieve them via the Exa API.