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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 545   View pdf image (33K)
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ART. 77.] KAIL ROADS. 545

ARTICLE LXXVII.
Rail Roads.

SEC. 1. Kail Road Companies shall be responsible for injuries
resulting in death or otherwise, inflicted upon any stock, as
cattle, horses, sheep, hogs, and so forth, or by fire occasioned by
their engines or carriages, upon any of their roads and the
branches thereof, unless the said companies can prove, to the
satisfaction of the justice or other tribunal before which the suit
may be tried, that the injury complained of was committed
without any negligence on the part of the company or its agents.
This section to apply to negroes and all other property, real or
personal.

2. The damages caused by such injuries may be sued for and
recovered by the owner of such stock, or the person injured by
fire, before a justice of the peace, when the damages claimed
shall not be over one hundred dollars, and in the Circuit Court
for the county or the court having civil jurisdiction over the
amount claimed in the city of Baltimore, when the amount
claimed exceeds one hundred dollars.

3. The damages claimed under the first section of this article
shall be sued for in the county or city where the injuries shall
have been done, and a summons served upon the president, or
any of the directors or conductors of any of said companies,
shall be considered proper service upon the corporation; Pro-
vided, said service shall be made at least twenty days before the
return day of the writ.

4. If the company summoned shall not appear to answer at
the time named in the summons, on the return of two summons
served as aforesaid, the court or justice shall proceed to enter up
judgment against said corporation as if the said corporation had
regularly appeared, but such judgment shall not be rendered
until affidavit shall be filed showing the name of the president,
director or conductor on whom said service was made, and the
day of said service, and any property belonging to the corpora-
tion shall be liable for the amount of such judgment.
VOL. I.—35

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 545   View pdf image (33K)
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