Washington, Baltimore & Annapolis Electric Railroad v. State ex rel. Goodwin

Citations

• 137 Md. 538

Syllabus

<p>Action for Death — Evidence—Electric Railway Train — Injury to Intending Passenger — Rate of Speed.</p> <p>In an action by a father for the death of his son, it was error to permit questions to be asked of the father or mother as to their expectations in regard to future support from their son, this involving merely an expression of opinion,</p> <p>In an action by a father for the. death of his son, it was error to permit questions to be asked of the father or mother as to whát deceased might have said to them as to his intention to provide for them during his life, this being hearsay.</p> <p>A prayer offered by plaintiff is not defective because it is simply on the measure of damages, and contains nothing as to the right of the plaintiff to recover.</p> <p>Even if the legal relation betwen a railway company and one about to board a train be that of carrier and passenger, so that the former owes to the latter the highest, degree of care, this does not absolve the latter from using reasonable care for his own safety.</p> <p>Though those operating an electric railway train may have seen-that one, apparently a passenger, was in a position which might place him in peril, still it is not incumbent upon them to bring their train to- a stop merely because they see ahead someone on the right of way, who may or may not be an intending passenger.</p> <p>The doctrine of last clear chance held not to be applicable so as to justify recovery on account of the death of one struck by a train while crossing the track with the intention of boarding it.</p> <p>A speed of from twelve to thirty miles an hour, for a train approaching a suburban station, held not to constitute negligence as matter of law, the question being properly what was a reasonable speed, taking into consideration the location and all the surrounding circumstances.</p> <p>A prayer of defendant which left to the jury the question whether defendant’s train, which killed plaintiff’s son, was being operated at a reas