CORPORATIONS. 763

An. Code, sec. 307. 1904, sec. 287. 1888, sec. 198. 1838, ch. 244, sec. 1. 1841, ch. 266.
1846, ch. 346. 1924, ch. 374.

244. Railroad 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 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 negli-
gence on the part of the company or its agents; provided, however, that no
such presumption of negligence on the part of Railroad Companies shall
arise in any case of fire occurring in or about water front or other railroad
terminals used for receiving, delivering or transhipping freight, in the
handling of which and the ordinary conduct of business therein, persons not
in the employ or under the control of such Railroad Companies, their ser-
vants and agents, are engaged in and about such premises, and where
negligence on the part of such persons, their servants or agents, may have
caused or contributed to the origin of such fire.

Application and effect of this section.

This section changes the recognized burden of proof, but makes no other change
either in the general law or the law regulating the burden of proof in other cases.
This section held to have no application. Belt R. R. Co. v. Sattler, 100 Md. 324.
And see Annapolis, etc., R. R. Co. v. Pumphrey, 72 Md. 87; Annapolis, etc., R. R.
Co. v. Gantt, 39 Md. 115; Baltimore, etc., R. R. Co. v. Woodruff, 4 Md. 256.

History and object of this section; its operation will not be extended by equitable
construction. It has no application in a suit by a passenger for personal injuries
nor did it apply to cases of the killing or injuring of slaves. Scaggs v. Baltimore,
etc., Ry. Co., 10 Md. 275.

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 animals. Northern Central Ry. Co. v.
Green, 112 Md. 499; Annapolis, etc., R. R. Co. D. Pumphrey, 72 Md. 87.

This section applied in a suit for the negligent killing of stock. Effect and opera-
tion of this section. Northern Central Ry Co. v. Ward, 63 Md. 367; Norfolk, etc.,
R. R. Co. v. Smith, 104 Md. 74; 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. R. Co. v. Mulligan, 45 Md. 493.

This section applied in a suit for damages resulting from a fire communicated
by the defendant's engine. Green Ridge R. R. Co. v. Brinkman, 64 Md. 60; B. &
0. R. R. Co. v. Shipley, 39 Md. 254.

Generally*

This section is to be construed in reference to the principles of the common law.
By this section, it was not intended to interfere with the time tables of the rail-
road company, or to limit the 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 originates 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 gee 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 contributory
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. R. Co. v. Mulligan, 45
Md. 493.