51 A. 289 (Md. 1902), State Use of Weddle v. Board of School Com'rs of Frederick County

Citation:51 A. 289, 94 Md. 334
Opinion Judge:BRISCOE, J.
Party Name:STATE, to Use of WEDDLE, v. BOARD OF SCHOOL COM'RS OF FREDERICK COUNTY.
Attorney:Milton G. Ulmer, Clayton O. Keedy, and Hammond Ulmer, for appellant. Jacob Rohrback, Frank L. Stoner, and Vincent Sebold, for appellee.
Judge Panel:Argued before FOWLER, BRISCOE, BOYD, PAGE, PEARCE, and SCHMUCKER, JJ.
Case Date:January 16, 1902
Court:Court of Appeals of Maryland
 
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Page 289

51 A. 289 (Md. 1902)

94 Md. 334

STATE, to Use of WEDDLE,

v.

BOARD OF SCHOOL COM'RS OF FREDERICK COUNTY.

Court of Appeals of Maryland

January 16, 1902

Appeal from circuit court, Frederick county; Jas. McSherry, Judge.

Action brought in the name of the state of Maryland, to the use of John W. Weddle, against the board of school commissioners of Frederick county. From a judgment for defendant, plaintiff appeals. Affirmed.

Argued before FOWLER, BRISCOE, BOYD, PAGE, PEARCE, and SCHMUCKER, JJ.

Milton G. Ulmer, Clayton O. Keedy, and Hammond Ulmer, for appellant.

Jacob Rohrback, Frank L. Stoner, and Vincent Sebold, for appellee.

BRISCOE, J.

The question raised by the demurrer to the plaintiff's declaration in this case is one of more than ordinary importance.

Page 290

The equitable plaintiff is a citizen of Frederick county, and on the 15th day of March, 1900, brought a suit at law in the name of the state in the circuit court for that county against the board of county school commissioners of Frederick county, under article 67 of the Code, to recover damages for the death of an infant daughter while a pupil of one of the public schools of the county, and whose death is alleged to have been caused by the negligence of the defendant. The declaration substantially states that the defendant is a body politic and corporate under the laws of the state of Maryland, and as such has general control and supervision of the public schools and their property in Frederick county, and that it was its duty to keep this property in such condition as to be safe for the children attending the schools as pupils thereof; that the defendant was the owner of a certain lot of ground and a building thereon situate in said county, and conducted upon the lot a public school known as the "Blue Mountain Public School," and had general supervision and control thereof; that on the 4th day of October, 1899, a single strand of wire was strung across the public school lot, and firmly fastened upon trees growing thereon, and the wire was so strung and fastened at such a height above the ground as to be extremely dangerous to the pupils of the school when running and playing upon the lot; that the defendant wrongfully and negligently suffered and permitted the wire to be and remain upon the lot on the 4th of October, 1899, and a long time prior thereto. The declaration further...

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