United Railways & Electric Co. of Baltimore v. Watkins

Citation102 Md. 264,62 A. 234
PartiesUNITED RAILWAYS & ELECTRIC CO. OF BALTIMORE v. WATKINS.
Decision Date23 November 1905
CourtCourt of Appeals of Maryland
62 A. 234
102 Md. 264

UNITED RAILWAYS & ELECTRIC CO. OF BALTIMORE
v.
WATKINS.

Court of Appeals of Maryland.

Nov. 23, 1905.


Appeal from Court of Common Pleas; George M. Sharp, Judge.

Action by Stephen Watkins against the United Railways & Electric Company of Baltimore. From a judgment for plaintiff, defendant appeals. Affirmed.

Argued before McSHERRY, C. J., and BRISCOE, BOYD, PAGE, PEARCE, SCHMUCKER, JONES, and BURKE, JJ.

Fielder C. Slingluff, for appellant Robert F. Leach, Jr., for appellee.

McSHERRY, C. J. This is another personal injury case, and the only questions which we are required to consider arise on the prayers for instructions to the jury. The facts are few, and there is no conflict in the testimony. It appears that the appellee, who is a farmer residing in Howard county, was driving a four-horse wagon, loaded with furniture, along Carey street, in Baltimore City. Carey street intersects Baltimore street at right angles. Calhoun street, which also crosses Baltimore street in the same way, is west of, and one block distant from, Carey street. The double tracks of the United Railways & Electric Company of Baltimore are located on Baltimore street. The north track is used by street cars going west on Baltimore street, and the south track is used by the cars going east on that street. The appellee was driving in a southerly direction; that is, towards Baltimore street. His course took him across the double tracks on Baltimore street at the intersection of that street with Carey street, as he intended to continue on down the last-named street towards his destination after crossing Baltimore street. When he emerged from Carey street into Baltimore street, he saw a car of the appellant company a square distant, up at Calhoun street. The car was on the south track, going east, and therefore going towards the appellee. He concluded that he would have ample time to cross the tracks before the car could traverse the distance separating it, and his team and he therefore drove onward without waiting for the car to pass. Midway between, and parallel to, Calhoun and Carey streets there is an alley opening into Baltimore street. When the car reached the alley, several of the witnesses have testified that it materially increased its speed. At that juncture the lead horses were just up to or perhaps just upon the north track, not the track on which the car was approaching, and the appellee pressed forward, and the car struck between the lead...

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