Baltimore & Ohio Railroad v. State ex rel. Fryer
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was an action under the statute, brought by the equitable plaintiff, to recover damages from the defendant for causing the death of his daughter — a child aged about five years. The evidence showed that the child was run over on Pratt street, by a horse car, belonging to the defendant, and killed.
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Appeal from the Superior Court of Baltimore City. This was an action under the statute, brought by the equitable plaintiff, to recover damages from the defendant for causing the death of his daughter — a child aged about five years. The evidence showed that the child was run over on Pratt street, by a horse car, belonging to the defendant, and killed. The child at the time of the accident was accompanied by her grandfather, under whose care her father had placed her a few minutes before the occurrence. The plaintiff presented the following prayer: If the jury shall find from the evidence,…
1Opinion of the CourtAlyey, J.
The objection taken to the plaintiff’s prayer, which was granted, is not in our opinion, well founded. If, by the exercise of such care and caution as ought, under all the circumstances, to have been reasonably expected from one of the age and intelligence of the deceased, in connection with ordinary care and caution on the part of the father, and the person accompanying the child at the time the accident occurred, the consequences of the defendant’s negligence and want of care could not have been avoided, then clearly there is no ground of excuse. The prayer required the jury to find, that…
2Cases cited4 opinions
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Bannon ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Lehman v. City of BrooklynNew York Supreme Court · 1859
3Cited by22 opinions
- McMahon v. Northern Central Railway Co.Court of Appeals of Maryland · 1874
- State, Use of Taylor v. BarllyCourt of Appeals of Maryland · 1958
- Baltimore City Passenger Railway Co. v. McDonnell ex rel. McDonnellCourt of Appeals of Maryland · 1876
- State Ex Rel. Alston v. Baltimore Fidelity Warehouse Co.Court of Appeals of Maryland · 1939
- Ottenheimer v. MolohanCourt of Appeals of Maryland · 1924
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