Maryland & Pennsylvania Railroad v. Knight

Citations

• 122 Md. 576

Syllabus

<p>Railway coaches: disorderly conduct on; ejectment of passengers by conductor; liability of company. Evidence: weight and sufficiency; province of jury; appeals.</p> <p>Where one is rightly in a coach of a common carrier and comporting himself iñ a peaceful and orderly manner, it is actionable for the servants or agents of the carrier to eject him before the end of the journey to which he is entitled, where there is no interruption of the service. p. 578</p> <p>It is the duty of the conductor of a railway train promptly to quell quarrels between drunken and disorderly passengers, and it is for the conductor to determine whether their misconduct is such as to justify expulsion; but the company is liable if the conductor misunderstands and misjudges • the facts, and acts unwisely and imprudently. pp. 581-582</p> <p>On an appeal from the action of the trial Court in refusing to grant a prayer seeking to withdraw a case from the consideration of the jury, the Court of Appeals is not concerned with the contradictory testimony of the defendant; but only with the question as to whether the evidence, offered by the plaintiff, if true, -would be legally sufficient to support the averments of the action. pp. 578-579</p> <p>The weight and credibility of evidence is for the jury. p. 579</p>