Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 46
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 46
Maryland. Court of Appeals
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If the jury believe that the defendants were guilty of wanton and reckless negligence in cutting the excava- tion mentioned in the preceding prayers, then in addition to the compensation for actual pecuniary loss, mental and bodily suffering, and the permanent character of the plain- tiffs injury, they are at liberty to impose upon the defen- dants punitive or exemplary damages in their discretion. And the defendants offered the eight following prayers : Digitized by VjOOQlC OCTOBER TERM, 1876.... 205 Maenner V9. Carroll, et ah 1. That there is no euflScient evidence in the cause of negligence on the part of the defendants^ to entitle the plaintiflf to recover for the injuries complained of in the declaration. 2. That there is no sufficient evidence in the cause of a public highway across the lands of the defendants, as alleged in the plaintiff's declaration. 3. That the jury shall find from the evidence, that the plaintiff, hy the exercise of ordinary care, might have avoided falling into the excavation in evidence, that then the plaintiff is not entitled to recover.
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