Young v. Mertens
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. Isi Except,ion: The plaintiff, after proving the mode in which the business of shipping coal was done at the mines in Allegany County, at Cumberland, and on the Chesapeake and Ohio Canal, offered to prove by Edward Wilson that he had been for six or seven years boating on the canal, and had frequently seen the coal weighed out of canal boats, and had thus become acquainted with the number of tons of coal in a boat.
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Appeal from the Circuit Court for Allegany County. Isi Except,ion: The plaintiff, after proving the mode in which the business of shipping coal was done at the mines in Allegany County, at Cumberland, and on the Chesapeake and Ohio Canal, offered to prove by Edward Wilson that he had been for six or seven years boating on the canal, and had frequently seen the coal weighed out of canal boats, and had thus become acquainted with the number of tons of coal in a boat. A man in that business can tell how much coal he has on hoard. The Boyer and Watson ’ ’ was a larger boat than usual — it was…
1Opinion of the CourtBowie, C. J.
The exceptions brought up by the appellant in this case are threefold; the first and second apply to the rulings of the Court below on the evidence ; the third, to the prayers granted by the Court at the instance of the appellee. As the last is the most important, they will be examined in inverse order. Eor a full comprehension of the points raised by the appellant, it is necessary to take a cursory view of the pleadings.
The appellee’s amended nar. (the suit being instituted on the 5th of February, 1863,) contains five counts. The first two framed obviously, though not expressly, on the…
2Cases cited2 opinions
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Snively v. FahnestockCourt of Appeals of Maryland · 1862
3Cited by9 opinions
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- Ingram v. WackernagelSupreme Court of Iowa · 1891
- Swartz v. City & Suburban Realty Co.Court of Appeals of Maryland · 1907
- Mayor of Baltimore v. WarCourt of Appeals of Maryland · 1893
- Frederick v. American Sugar Refining Co.Court of Appeals for the Fourth Circuit · 1922
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