Baltimore & Ohio Railroad v. Waltemyer ex rel. Ensor
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore County. On the 15tb September, 1874, suit was instituted by F. G. F. Waltemyer, before Thomas J. English, a justice of the peace of Baltimore County, to recover sixty-five dollars damages for the loss of a cow, killed on the road of the appellant. “Judgment of non pros., plaintiff pay the costs,” was rendered by the justice, from which an appeal was taken to the Circuit Court for Baltimore County.
Read the full summary
Appeal from the Circuit Court of Baltimore County. On the 15tb September, 1874, suit was instituted by F. G. F. Waltemyer, before Thomas J. English, a justice of the peace of Baltimore County, to recover sixty-five dollars damages for the loss of a cow, killed on the road of the appellant. “Judgment of non pros., plaintiff pay the costs,” was rendered by the justice, from which an appeal was taken to the Circuit Court for Baltimore County. The defendant, in accordance with the provisions of section 10 of Article 27 of the Code of Public General Laws, on March 7th, 1876, filed a motion for…
1Opinion of the CourtBowie, J.
This is an appeal from a judgment of the Circuit Court of Baltimore County, reversing a judgment of a justice of the peace.
*330Waltemyer, the appellee, sued the Baltimore and Ohio Rail Road Company in a plea of damages, by warrant issued on the 3rd of August, 1874, and returnable before a justice of the peace on the 11th instant.
The warrant was served on the 25th of August, 1874, the justice rendered a judgment of non pros., and that the plaintiff pay the costs, amounting to $3.50.
From this judgment the plaintiff prayed an appeal on the 3rd September, 1874, to the Circuit Court. The appeal was…
2Cases cited6 opinions
- Webster v. CockeyCourt of Appeals of Maryland · 1850
- Spencer v. TraffordCourt of Appeals of Maryland · 1875
- Herzberg v. AdamsCourt of Appeals of Maryland · 1874
- Kinnear v. LeeCourt of Appeals of Maryland · 1868
- State v. MisterCourt of Appeals of Maryland · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Knee v. Baltimore City Passenger Ry. Co.Court of Appeals of Maryland · 1898
- Hopkins v. Philadelphia, Wilmington & Baltimore R. Co.Court of Appeals of Maryland · 1902
- Dolfield v. Western Maryland RailroadCourt of Appeals of Maryland · 1908
- Wilmer v. MitchellCourt of Appeals of Maryland · 1914
- Brady v. Road Directors for Allegany CountyCourt of Appeals of Maryland · 1925
3 more not listed; retrieve them via the Exa API.