674 CORPORATIO:NS. [ART. 23

This section applies where live stock are astray upon the track, and not
Where horses are caught In a trestle, and the injury is inflicted while the
servants of the owner are present endeavoring to release the animals. North-
ern Central Ry. Co. v. Green, 112 Md. 499; Annapolis, etc., R. R. Co. v. Pum-
phrey, 72 Md. 87.

This section applied in a suit for the negligent killing of stock. Effect and
operation of this section. Northern Central Ry. Co. v. Ward, 63 Md. 367;
Norfolk, etc., R. R. Co. v. Smith, KM Md. 74; Western Md. R. R. Co. v. Carter,
59 Md. 308; Keech v. Baltimore, eta, R. R. Co., 17 Md. 45; B. & O. R. R. Co. v.
Lamborn, 12 Md. 261. And see B. & O. R. R. Co. v. Mulligan, 45 Md. 493.

This section applied In a suit for damages resulting from a fire communi-
cated by the defendant's engine. Green Ridge R, R. Co. v. Briukman, 64 Md.
60; B. & O. R. R. Co. v. Shipley, 39 Md. 254.

Generally.

This section is to be construed in reference to the principles of the com-
mon law. By this section, It was not intended to Interfere with the time
tables of the railroad company, or to limit tte rate of speed for trains.
Proper prayers. Keech v. Baltimore, etc., R. R. Co., 17 Md. 45.

A fire is occasioned by an engine, if it origina.tes from coals thrown from
It along the side of the road by those having charge of it when in use. B. &
O. R. R. Co. v. Dorsey, 37 Md. 23. And see Annapolis, etc., Co. v. Gantt, 39
Md. 141; Philadelphia, etc., R. R. Co. v. Constable, 39 Md. 157.

The words "without negligence," defined. B. & O. R, R. Co. v. Shipley, 39
Md. 254; Baltimore, etc., R. R. Co. v. Woodruff, 4 Md. 256. And see Northern
Central Ry. Co. v. Green, 112 Md. 500.

This section does not alter the doctrine of the common law as to contribu-
tory negligence. Northern Central Ry. Co. v. Green, 112 Md. 499; Western
Md. R. R. Co. v. Carter, 59 Md. 308; Keech v. Baltimore, etc., R. R. Co., 17
Md. 45; B. & O. R. R. Co. v. Lamborn, 12 Md. 261. And see B. & O. R. H. Co.
v. Mulligan, 45 Md. 493.

This section referred to in discussing the burden of proof in a suit under
article 67, "Negligence Causing Death." Tucker v. State, use Johnson, 89 Md.
490 (dissenting opinion).

Cited but not construed in State v. Baltimore, etc., Co., 13 Md. 189.

1904, art. 23, sec. 288. 1888, art 23, sec. 199. 1860, art. 77, sec. 2.
1838, ch. 244, sec. 1.

308. 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
courts having civil jurisdiction over the amount claimed in the city of
Baltimore, when the amount claimed exceeds one hundred dollars.

A mortgagor, being the substantial owner, may sue for injuries to property
under this section. Annapolis, etc., R. R. Co. v. Gantt, 39 Md. 141; Arnd v.
Amling, 53 Md. 200.

Ibid. sec. 289. 1888, art. 23, sec. 200. 1860, art. 77, sec. 3.
1838, ch. 244, sec. 2.

309. The damages claimed under section 307 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 serv-
ice upon the corporation; provided, said service shall be made at least
twenty days before the return day of the writ.

This section referred to in deciding that a turnpike company might be sued
in the country where its road Is located, where its operations are carried on
and where it exercises its corporate powers, although its principal office is
elsewhere. Baltimore, etc., Turnpike Co. v. Crowther, 63 Md. 572.