Keech v. Baltimore & Washington Rail Road
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince Georges county. Trespass on the case, brought on the 9th of March 1858. by the appellant against the appellee, to recover the value of two horses and one mule, killed on the Washington Branch of the Baltimore and Ohio Rail Road. The writ was served upon the agents of tire Baltimore and Ohio Rail Road company, and that company appeared by counsel, filed pleas, and executed releases to witnesses sworn for the defendant.
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Appeal from the Circuit Court for Prince Georges county. Trespass on the case, brought on the 9th of March 1858. by the appellant against the appellee, to recover the value of two horses and one mule, killed on the Washington Branch of the Baltimore and Ohio Rail Road. The writ was served upon the agents of tire Baltimore and Ohio Rail Road company, and that company appeared by counsel, filed pleas, and executed releases to witnesses sworn for the defendant. The pleas were 1st, That the defendant did not commit the wrong alleged. 2nd. That the mule and horses were on the track of the…
1Opinion of the CourtBarton, J.
The several Acts of Assembly, regulating the liability of railroad companies in this State, for stock killed or injured by their trains, have bien before this court on former occasions, when considerations of public policy and private right were duly weighed and determined. We see no reason for disturbing what was then deliberately settled.
In the case of The Balt. & Ohio R. R. Co. vs. Lamborn, 12 Md. Rep., 257, we adverted to the well settled principle of the common law, that a plaintiff is not entitled to recover for injuries to which his own fault or negligence has direedy contributed, and…
2Cases cited2 opinions
- Hooper v. Mayor of BaltimoreCourt of Appeals of Maryland · 1859
- Baltimore & Ohio Rail Road v. LambornCourt of Appeals of Maryland · 1858
3Cited by15 opinions
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Gray v. StateCourt of Special Appeals of Maryland · 1979
- Smith v. WoodCourt of Appeals of Maryland · 1869
- Anderson v. StateCourt of Special Appeals of Maryland · 1985
- Western Maryland Railroad v. CarterCourt of Appeals of Maryland · 1883
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