The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-07-26
Court of Appeals OF Maryland.

IMPORTANT DECISION.
Baltimore and Ohio Railroad Company as William
Lamborn. Appeal from the Circuit Court for Howard
county.
In this the Court of Appeals has decided the i'm
porant question that Railroad Companies this State
not responsible for injuries done to cattle stock by
their cars, any in which such cattle &C.
the railway tracks through any negligence fault the
part of the olOnes Of them that the of cattle is
bound to keep them in enclosure in custody his
peril for every entry by them anohers possession
trepdSs, and this law applies well to the intrusion of
Of cattle and horses upon the land which railroad
company is entitled to its franchise to the property of
private owner
The facts Of the fully appear in the following opinion
of the Court delivered by Justice Bartol:
This is action to the value OF horse be-
longing to the appellee killed by the locomotive of the
appellants;
issue his part proved that time in the month of
September 1885, he the and proprietor of
tain land adjoining and contiguous to the Washington
Branch of the Baltimore and Ohio Railroad the
Hanover Switch where the Of the defendants stop
when necessary put off take up passengers and that
he also the of horse which, ut the time refer
red to- standing at the point indicated the
line of the said Railroad though immed ately in the
track and which was run by the of the said
defendants and SO injured as to be entirely lost to the said
plaintiff.
The deen dants then, for the purpose of maintaining
the issue Joined on their part proved that the occasion
of the injury to the horse of the plaintiff locomotive
with train passenger attached in charge of their
agents. proceeding from Baltimore to Washington at
rate of speed of about twenty-five miles hour that
approaching the switch they gave the ordinary
signal with the whistle that when within short distance
of said Hanover switch they observed the horse of the
plaintiff distant hundred and fifty yards standing
the railroad track, and road which cross
said track that Immediately upon observing the horse
the whistle sounded to put down the brakes the
brakes put down instantly that the horse immedi
aely took to the track Of the railroad dis
tance in the road when he overaken
that at the time of the collision the speed of the
had been reduced to ten miles hour 1t was
further proved that if the agents having charge the cars
had at the time of the discovery of the horse When they
going the rate of twenty miles hour reversed
the engine it would have been at the peril of the entire
train and passengers, as in all probability it would have
thrown the from the track.
The plaintiff then proved upon examination that
the point where the horse first point on
the railroad which, from the in the road could not
be at greater distance than hundred and fifty
yards and the carts and wagons frequently passing
said railroad during loading and unloading iron ore to be
transported said railroad and that it would have
been impossible to the going at the rate at
which they travelling when they first discovered the
horse, sufficiently to avoid the collision.
Thereupon the defendants offered four PRAYERS which
rejected by the Court below the verdict and
Judgment being in fayorof the plaintiff the defendants APP
peaed
n all the prayers the principle involved that if the
horse, when killed was upon the of railroad
through the negligence Of the plaintiff IN not Keeping the
horse oitfn has close, then he is not entitled to
at is principle of the law too we'll settled
to require authorities to- be adduced in its support that
ordinary case plaintiff is not entitled to for
injuries to which his fault negligence directly con-
tribued But it is contended by the appeees counsel