The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1891-12-04

COURT PRoCRRDINGs.-On Friday last court
was occupied in trying the appeal case of Evan
Thompson VS.. Annie Mack; jury trial; verdict
for appellee for $2750. 8. A. Williams for sp-
pellant, VIM. Young for appellee.
The case of James B. Leigbt, of Abingdon
district, vs.. The Baltimore and Ohio Railroad
Company, for damages for the killing of \ COW
belonging to the plaintiff by railroad train,
was tried on Saturday and Monday. 1t was in
evidence that the plaintiff had turned his COW
out to get water and that she wandered upon
the railroad track, where she was struck and
killed by an express train. Judge Waters gave
instructions to the jury as follows:
As to the degree of care and diligence which
should be required of the defendant: If the
Jury find the facts stated in the first instruc-
rions, the court further instructs the jury that
inasmuch as public convenience and necessity
require the rapid transportation of passengers
from place to place, public policy requires that
the railroad company should be allowed the
exclusive and uumolested use of it's road, so far
as the same is practicable. On the other hand
it is the duty of owners to keep their cattle
within their enclosures. Therefore, If such
owners permit their cattle to run at large and
trespass upon the tracks of the railroad COM
pany, and thereby endaDger the lives Of passen-
gers, 1t is not the policy of the law to protect
them otherwise than from gross negligence OF
the railroad company Or its wilful disregard OF
the owners rights.
The jury found verdict for SIS in favor Of
Mr.. Leight. Geo. Y. Maynadier appeared for
the plaintiff and Geo. L. VanBibber for the
railroad company.
The case came up on appeal from judgment
by Justice Richardson of S65 and costs in favor
of Mr.. Leight.
The court was occupied during Monday after
noon and Tuesday in the trial OF the case of
Michael Adams VS.. the B. and o. r. r. Co.
This suit, which was removed from Baltimore
county, was for damages for the loss of mare
which was killed by a shifting engine on the
tracks of the railroad, between Bayview and
Canton, in the early morning of May 2Sth. 1891.
The evidence was somewhat conflicting but the
weight of it appeared to show that the animal,
with others, had escaped from Mr.. Adams sta
BILE, and In trespassing on the railroad track
had partly fallen through bridge and was un-
able to escape. The shifting engine with fiat
car attached was running backwards at the
time and the two brakemen who were sitting
on the end of the fiat keeping lookout testifi-
ed that it was too dark to see the mare until
although every effort was made II was impossi-
BILE to stop the engine and it ran over the mare,
cutting her to pieces and derailing the fat car.
blocking both tracks for some hours. The jury
after being on. few moments gave verdict
Of $500 for the plaintiff. Ensor It Ensor and 8.
A. Williams for plaintiff VanBIbber for defend
ant.
state vs.. VIM. Scarf, assault jury trial
verdict not guilty. Preston for the State, Wm.
Young for defence.
State vs.. Robert Liyezey, indicted for selling
Q gallon OF domestic wine TO jackson Flowers
jury trial; verdict not guilty. Preston for
State, VIM. Young, Robinson and GorreIl for
defence.
State vs.. James J. W. Taylor, violating local
option law. After hearing the evidence, the
State abandoned the case and the jury rendered
9 verdict of not guilty.