THOMAS G. PRATT, ESQUIRE, GOVERNOR.

1846.

CHAPTER 346.

An act entitled, a supplement to an act entitled, an act to
repair injuries done by Rail Road Carriages and En-
gines, upon the several Rail Roads of this State, pass-
ed December session, eighteen hundred and thirty-eight.

CHAP. 346.

Passed March
10, 1847.

SECTION 1 . Be it enacted by the General Assembly of
Maryland, That the owner of any horse, cow, mule, hog

or sheep, &c., killed or injured by the engines or cars of
either of the rail road companies of this State, shall re-
cover full damages and costs for such killing or injury, if
the amount claimed be not more than one hundred dol-
lars, before a district court, or before a single justice of
the peace of the county where such killing or injury may
be done, or before the county court of said county, if the
amount exceeds one hundred dollars, and said district
court, single justice of the peace, or county court as the
case may be, shall issue a summons tc, any officer or agent
of said rail road company, which summons shall be deem-
ed sufficient notice, upon the return of which, the said
district court, single justice of the peace or county court,
as the case may be, shall award such amount of damage
and costs as upon the evidence shall seem proper and
equitable.

Owner may
recover.

SEC. 2. And be it enacted, That it shall be competent
for said rail road company to prove by disinterested
witnesses that the damage or injury sustained, was the re-
sult of unavoidable accident, and if satisfactory evidence
be adduced before the tribunal trying the issue, said rail
road company shall not be liable; but it shall not be
competent for said rail road company, in any trial had in
pursuance of this act, to adduce the evidence of any con-
ductor, agent or other person in the employ of said rail
road company, who may be conducting the engine or
driving the cars which may do the killing or injury as
aforesaid, or the evidence of any agent or employer who
may be acting in the capacity of agent, and responsible
as such to said rail road company for negligence, care-
lessness or willfulness, by which any stock may be killed

Rail road may
prove by dis-
interested wit-
nesses.

or injured as contemplated by this act; provided, all parts
of the act to which this act is a supplement, shall be com-
plied with, except so much thereof as conflicts with the

provisions of this act.

Proviso.

SEC. 3. And be it enacted, That any property belong-
ing to the said corporation, shall be liable for the amount
of all judgments rendered under this act; provided how-

Property of
corporation li-
able for judg-
ments.