WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

CHAPTER 244.

CHAP. 244.

An act to repair injuries done by Rail Road Carriages
and Engines, upon the several Rail Road Companies
of this State.

Passed Mar. 20,

1839.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That the several rail road companies in
this State, shall be responsible for injuries hereafter,
resulting in death, or otherwise, inflicted upon any
stock, as cattle, horses, sheep, hogs, &c., or by fire
occasioned by their engines, or carriages, upon any of
their roads and the branches thereof, unless said com-
pany can prove to the satisfaction of the justice, ma-
gistrate's court, or other tribunal, before which said
suit may bo tried, that the injury complained of, has
been committed without any negligence on the part of
said company or their agents; the damages claimed

R. R. C. responsi-

ble for injuries.

shall be sued for, and he recoverable by action of the. »
owner or owners of said stock, or the person or per-
sons, injured by fire as aforesaid, before a single jus-
tice of the peace, when the damages claimed shall not
be over fifty dollars; before the magistrates' courts,
when the damage shall not be over one hundred dol-
lars, and before the county courts, when the damages
shall be over one hundred dollars.

Method of recover-

ing.

Sec. 2. And be it enacted, That the damages claim-
ed under this act. shall be sued for in the county where
the injuries shall have been done, and that summons
served upon the president, or any one of the directors
or conductors of any of said companies, shall be con-
sidered proper service upon the corporations; provided,
that said service shall be made at least twenty days
before the day of trial; and provided, that if said com-
pany shall not appear to answer at the time therein
specified, on the return of two subpoenas, served as
aforesaid, then the court shall proceed to enter up
judgment against said corporation, as if said corpora-
tion, had regularly appeared, provided said judg-
ment shall not be rendered, until affidavit shall be
filed, shewing the name of the president, director or
conductor, on whom said service was made, and the
day of said service.

Suit for, brought
and conducted.