Washington, Baltimore & Annapolis Railroad v. State

Citations

• 136 Md. 103

Syllabus

<p>Collision With Street Car — Death of Automobile Occupant— Contributory Negligence — Instructions—Death of Illegitimate Child — Bight of Action.</p> <p>The contributory negligence of a carrier, or of the driver of a public or private vehicle, not owned or controlled by the passenger, who is himself without fault, will not constitute a bar to the right of recovery for injuries received by the passenger.</p> <p>It is ordinarily a question for the jury whether the occupant of a vehicle driven by another was guilty of negligence in failing to observe a possible danger or to warn the driver thereof.</p> <p>In an action on account of a death caused by a collision at a street crossing between the automobile in which deceased was riding and defendant’s electric car, it appearing that deceased and two others were sitting on the same seat as the driver of the automobile, decedent being towards the side from which defendant’s car came, but with her view possibly obstructed by the fact that one of the others was sitting partly on her lap and partly on the side of the car, and it further appearing that there was an unobstructed view from the automobile for a considerable distance in the direction from which the car came, held that the question of deceased’s contributory negligence was for the jury, it being for them to consider whether she had thus voluntarily put herself in a position which prevented her seeing or hearing the approaching car, or which interfered with the driver’s view of the car, or with his management of the automobile.</p> <p>In an action for death caused by an automobile in which deceased was riding being struck by defendant’s electric car at a street crossing, held that there was evidence to go to the jury of negligence on defendant’s part.</p> <p>In an action for death caused by the collision of defendant’s electric car with the, automobile in which deceased was riding, a prayer submitted by plaintiff which specifically referred to the evidence that dece