Baltimore & Ohio Railroad v. Strube
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City (Elliott, J.). Plaintiff’s 2nd Prayer. — If the jury find! from the evidence that the plaintiff was walking on the tracks of the defendant, a body corporate, on or about March 1st, 1908, as testified to," and if they further find that William J. MeCarron was in the employ of the said defendant as detective or special officer and while the said MeCarron was acting within the scope of his authority and in the course of…
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Appeal from the Court of Common Pleas of Baltimore City (Elliott, J.). Plaintiff’s 2nd Prayer. — If the jury find! from the evidence that the plaintiff was walking on the tracks of the defendant, a body corporate, on or about March 1st, 1908, as testified to," and if they further find that William J. MeCarron was in the employ of the said defendant as detective or special officer and while the said MeCarron was acting within the scope of his authority and in the course of his employment arrested the plaintiff and in doing so and while the plaintiff was under arrest used an excessive and…
1Opinion of the CourtWorthington, J.
The gravamen of the action in this case is the alleged use of excessive force and violence upon the appellee- by William J. McCarron, a special officer of the appellant, in connection with the appellee’s arrest for trespassing upon the appellant’s property and right of way. The judgment below was for $1,000 damages in favor of the plaintiff, and the defendant has appealed.
The substantial facts of the ease as testified to by the witnesses for the plaintiff are as follows: On March 1, 1908, plaintiff -with four companions was returning along the tracks of the Baltimore and Ohio Railroad Company…
2Cases cited7 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Baltimore Consolidated Railway Co. v. PierceCourt of Appeals of Maryland · 1899
- Baltimore & Ohio Railroad v. BargerCourt of Appeals of Maryland · 1894
- Mattingly v. MontgomeryCourt of Appeals of Maryland · 1907
- Baltimore & Ohio Railroad v. DeckCourt of Appeals of Maryland · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Sawyer v. HumphriesCourt of Appeals of Maryland · 1991
- Nelson v. SeilerCourt of Appeals of Maryland · 1927
- Ricketts v. StateCourt of Appeals of Maryland · 1981
- Heinze v. MurphyCourt of Appeals of Maryland · 1942
- Cornish v. StateCourt of Appeals of Maryland · 1968
34 more not listed; retrieve them via the Exa API.