West Virginia Central & Pittsburg R. Co. v. State Ex Rel. Fuller
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County (Stake, J.), where there was a judgment for plaintiff for $2,250. Plaintiff's Prayer. — If the jury find from the evidence- that • on or about the 8th day of July, 1901, Melville Fuller, under the age of 21 years, was killed by the cars of the defendant J. while operated by its agents on its road, and that the equitable plaintiff herein is related to him in the manner as set forth in the pleadings, and that the said killing…
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Appeal from the Circuit Court for Allegany County (Stake, J.), where there was a judgment for plaintiff for $2,250. Plaintiff's Prayer. — If the jury find from the evidence- that • on or about the 8th day of July, 1901, Melville Fuller, under the age of 21 years, was killed by the cars of the defendant J. while operated by its agents on its road, and that the equitable plaintiff herein is related to him in the manner as set forth in the pleadings, and that the said killing resulted from the want of ordinary care and prudence on the part of the agents of the defendant, and not from the want of…
1Opinion of the CourtMcSherry, C. J.
This is a personal injury case. All the questions involved arise on the instructions granted and on the prayers rejected by the trial Court, and they are brought up by the one bill of exceptions which the record contains. The legal principles that must control the final decision are perfectly familiar and the only difficulty presented springs, as is generally the case, from the application of those principles to the peculiar facts of the occurrence. A brief statement of the facts— both those which are uncontroverted and those which are disputed — will now be made as they furnish the basis of…
2Cases cited4 opinions
- Baltimore & Potomac Railroad v. ReaneyCourt of Appeals of Maryland · 1875
- Leopard v. Chesapeake & Ohio Canal Co.Court of Appeals of Maryland · 1843
- Western Maryland Railroad v. KehoeCourt of Appeals of Maryland · 1896
- Cole v. EnsorCourt of Appeals of Maryland · 1853
3Cited by74 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Jacques v. First National BankCourt of Appeals of Maryland · 1986
- Ashburn v. Anne Arundel CountyCourt of Appeals of Maryland · 1986
- Gross v. Sussex Inc.Court of Appeals of Maryland · 1993
- Hartford Insurance v. Manor Inn of Bethesda, Inc.Court of Appeals of Maryland · 1994
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