Rowe v. Baltimore & Ohio Railroad

Citations

• 82 Md. 493
• 33 A. 761
• 1896 Md. LEXIS 17

Syllabus

<p>Hearsay Evidence — Defective Condition of Highway — Negligence— Legal Sufficiency of Evidence — County Commissioners — Connection Between Bills of Exception.</p> <p>Where the question was whether a road constructed by the defendant had been negligently put in a dangerous condition or not, evidence of the opinions expressed by third parties as to the condition of the road is hearsay and inadmissible.</p> <p>The defendant, a railway company, was authorized by County Commissioners to change the location of a county road. The new road was constructed, partly by blasting, along the side of a mountain and a large rock was left hanging ten feet over the roadbed. While plaintiff was driving under the same stones fell from the overhanging rock, striking his horses and causing them to run away, and plaintiff was thrown out of the vehicle and injured. There was other evidence that pieces of stone fell upon the road from the overhanging rock and not from the mountain, and that the under side of the rock was seamy and loose. Held, that there was sufficient evidence of negligence on the part of the defendant to go to the jury.</p> <p>Where County Commissioners, whose duty it is to repair and control county roads, authorize a railway company to change the location of a road, and the work is done in such a negligent and defective manner as to cause injury to a traveller before the road has been accepted by the Commissioners, the party injured may sue either the Commissioners or the Railway Company.</p> <p>The material evidence in this case was contained in the first bill of exceptions. The third exception stated that “the plaintiff having rested his case, the defendant offered the following prayer.” The prayer related to the legal sufficiency of the evidence. Held, that the first bill of exceptions was sufficiently connected with the third without other words of reference.</p> <p>The second bill of exceptions began with the words “ Cross-Examinanation,” and contained a continuat