Philadelphia, Wilmington & Baltimore Railroad v. Anderson
Court of Appeals of Maryland
Appeal from the Circuit Court for Cecil County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the five following prayers : 1. If the jury believe the defendant was the owner of the railroad mentioned in the declaration, and sold plaintiff a ticket, and received and accepted him as a passenger to be carried as therein stated, then defendant was bound to exercise on said trip for plaintiff’s safety, the highest degree of care…
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Appeal from the Circuit Court for Cecil County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiff offered the five following prayers : 1. If the jury believe the defendant was the owner of the railroad mentioned in the declaration, and sold plaintiff a ticket, and received and accepted him as a passenger to be carried as therein stated, then defendant was bound to exercise on said trip for plaintiff’s safety, the highest degree of care and skill which was consistent with the nature of its undertaking. 2. If the jury believe the facts stated in plaintiff’s…
1Opinion of the CourtBryan, J.
Anderson recovered a judgment against the appellant, who was defendant below, for injuries received whilst he was a passenger on its railroad. The Circuit Court left it to the jury to find on the evidence whether the injuries were caused by the negligence of the defendant; and whether the plaintiff’s own negligence contributed to produce them. The defendant contended that the case ought not to have been submitted to the jury; that there was no evidence of negligence on its part; and^that the Court ought to have ruled that the negligence of the plaintiff directly contributed to the injury.
The…
2Cases cited4 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Baltimore & Ohio Rail Road v. WorthingtonCourt of Appeals of Maryland · 1864
- Cumberland Valley Railroad v. MaugansCourt of Appeals of Maryland · 1883
3Cited by61 opinions
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- City of East Orange v. TP. OF LIVINGSTONNew Jersey Superior Court Appellate Division · 1968
- Cumberland & Westernport Transit Co. v. MetzCourt of Appeals of Maryland · 1930
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
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