Baltimore & Ohio Railroad v. State ex rel. Savington

In this case the action is brought against the defendant, in the name of the State as plaintiff, for the use of the father whose son was killed by what he alleges to have been the wrongful act, neglect or default of the defendant corporation. Code, Art. 61, sec. 1., The defendant pleaded that it did not commit the wrong alleged; and upon trial there was a verdict for the plaintiff, and judgment thereon. The defendant has appealed.

The accident happened on the defendant’s road, at a point near Watersville, on the 23rd of August, 1888, about 1 or 2 o’clock in the day, and where no person,…