Baltimore & Ohio Railroad v. Schumacher ex rel. Myers
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. . In the month of May, 1862, K. Hager & Co., of Newark, ()hio, delivered 250 barrels of coal oil, to the Central Ohio Rail Road Company, to be by them transported to .Bell Air, Ohio, thence by way of the Baltimore and Ohio Rail Road to Baltimore, and thence by steamer to New York, there to be delivered to the appellee or his assigns.
Read the full summary
Appeal from the Superior Court of Baltimore City. . In the month of May, 1862, K. Hager & Co., of Newark, ()hio, delivered 250 barrels of coal oil, to the Central Ohio Rail Road Company, to be by them transported to .Bell Air, Ohio, thence by way of the Baltimore and Ohio Rail Road to Baltimore, and thence by steamer to New York, there to be delivered to the appellee or his assigns. The oil was delivered to the Central Ohio Rail Road Company in three lots, namely, 150 barrels on the jst of May, 50 ban-els on the 9th of May, and 50 barrels on the 15th of May, in the said year. On the receipt…
1Opinion of the CourtStewart, J.
The appellant, in the first exception, complains of the action *175of the court below, in granting the appellee’s fifth prayer, and in the second exception, in rejecting its third, fourth, sixth and seventh prayers.
The fifth prayer of the appellee, although somewhat peculiar in its structure, did not require the jury to find what was thfe opinion of the court, as was contended by the appellants’ counsel, but upon the theory that the judgment of the court, as to the law, was as stated therein, upon the assumption that the appellant had ceased to be liable as a common carrier, and had become…
2Cases cited2 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Richards v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1858
3Cited by2 opinions
- Hoffman & Thomas v. Cumberland Valley RailroadCourt of Appeals of Maryland · 1897
- Inhabitants of Plantation No. 4, R. 1 v. HallSupreme Judicial Court of Maine · 1873