Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 80

Maryland Reports; Cases Adjudged in the Court of Appeals of Maryland Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...and was a concession of facts, but a denial of their legal sufficiency. It is obvious that the material facts in this case are conflict Md. Opinion of the Court. ing, and the plaintiff was entitled to have the whole evidence passed upon by the jury. In the recent case of B. 6' O. R. R. Co. v. Keedy and Snyder, 75 Md. 324, we said: " The evidence may not have been of such a character as to convince all minds that there was culpable negligence on the part of the appellant's agents, but if there was any evidence from which a jury might honestly reach a conclusion, then there was no error in allowing the jury to consider it." There was evidence tending to show that the bell was not rung, and that the plaintiff was not struck by the car, as testified to by the defendant's witnesses. These were material facts and questions properly left to the jury. We only deem it necessary to cite a few of the leading cases applicable here. Baltimore Traction Company v. Wallace, 77 Md. 412; Kean v. Balt. &' Ohio R. R. Co., 61 Md. 167; Tyson et al. v. Tyson, 37 Md. 582; Green v. Ford, 35 Md. 86. We have carefully examined the other prayers granted by the Court, and find them correct. They contain the correct principles of law applicable to this case. Baltimore Traction Company v. Wallace, 77 Md. 437. It follows from what we have said, that this case was properly left to the jury and the judgment will be affirmed. CROOK, ' HORNER & CO. vs. BALTIMORE AND OHIO RAILROAD AND OTHERS. Where the contract for the purchase of a certain machine specifies what it shall be capable of performing, and the maker agrees to run the same for a number of days afier completion to demonstrate its efficacy, such stipulations...
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Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236876512
  • 9781236876515