25 Md. 521 | Md. | 1866
delivered the opinion of this Court.
The opinion recently delivered by this Court in the case of The Balto. & Ohio R. R. Co. vs. Breinig, applies to, and practically decides, the'main point raised by these exceptions. The jury here, as in that case, were instructed by the Court that “ it was the duty of the defendant — now appellant — to exercise the' utmost care and dilligence which it was in their' power to- employ, considering the nature of the business in which they were engaged.” Had the case been one of injury to a passenger while in course of transportation by the' cars or boat of the appellant, this instruction would hav«
It follows from the views expressed that the appellees’ first and second prayers were properly rejected. They required of the appellant a degree of care and dilligence not -warranted by the nature of the case, and in that respect their rejection was proper.
The 1st and 2d prayers of the appellant, we think, wore also defective. They are too general and fail altogether to direct the attention of the jury to important facts which it was proper for them to consider in passing on the question of negligence. It is unnecessary to refer to the evidence contained in the bill of exceptions further than to say that it sustains this objection to those prayers. In our opinion there was no error in rejecting them. The judgment will be reversed and a procedendo awarded.
Judgment reversed, and procedendo awarded.