Central Railway Co. v. Coleman

Citations

• 80 Md. 328
• 30 A. 918
• 1894 Md. LEXIS 136

Syllabus

<p>Bills of Exception — ■Negligence—Legal Sufficiency of Evidence— Instructions to the Jury.</p> <p>A bill of exceptions to the ruling of the Court below, which is not signed by the trial Judge, will not be considered on appeal.</p> <p>In an action against a street railway company, to recover damages for a personal injury alleged to have been caused by the defendant’s negligence, the evidence for the plaintiff showed that she was an old woman, very deaf, and that in attempting to cross a street she was struck by defendant’s trolley car; she testified that she heard no bell and did not see the car, and could not say how she was struck, although, before crossing the street, she had carefully looked. Other witnesses for the plaintiff testified that they were within a few feet of the place where the accident occurred; that the plaintiff was struck by the front part of the car, and that they did not hear a bell rung. The evidence on the part of the defendant was that the place ■ of the accident afforded an unobstructed view of approaching cars ; that.the bell was rung at the crossing; that the plaintiff was not on the track or in front of the car, but that she walked into the side of the car when the same had stopped. Held, that since the evidence was contradictory, the question of negligence on the part of the defendant was properly left to the jury.</p>