American Express Co. v. State Ex Rel. Denowitch

Briscoe, J., delivered the opinion of the Court. This appeal presents for review the rulings of the Court below, upon the defendant’s demurrer to the plaintiff’s declaration, and in refusing to grant the defendant’s third, fourth and fifth prayers which sought to withdraw the case from the consideration of the jury, upon the ground that the evidence was not legally sufficient to show that the death of the plaintiff’s daughter was caused by the negligence of the defendant, or its servant and agent. The suit ivas brought by the equitable plaintiff (widow), the mother of the deceased, on the 14th of September, 1916, in the Baltimore City Court, against the defendant, the American Express Company, a body corporate, to recover for the death of her daughter, an infant, which was caused by the alleged negligence and carelessness of the defendant, ⁷⁴ while engaged in operating a motor truck on .Baltimore street, near High street, in the City of Baltimore. The plaintiff- recovered a verdict for the sum of $2,500, and from a judgment on this verdict the defendant has appealed.

The demurrer is based, upon the contention, that the declaration is insufficient in law and does not disclose a substantial cause of action, and the contention is, the demurrer should have been sustained and not overruled. The manifest object of all pleading is that the parties litigant may be informed of the matters in controversy between them, so that they may be understood by the party, who is to answer them, by the jury who are to ascertain the truth of the allegations and by the Court who is to give judgment. 1 Chitty’s Pleading, 233. By section 2, Article 75 of the Code, it is provided that whatever facts are necessary to constitute the ground of action, defense or reply as the case may be, shall be stated in the pleading and nothing more. And by section 3, Article 75, of the Code, it is further provided that any declaration which contains a plain statement of the facts necessary to constitute a ground of action shall be sufficient and any plea necessary to form a legal defense shall be sufficient without reference to mere form.

The suit in this case is an action brought under Article 67 of the Code to- recover damages and compensation for the death of the infant daughter of the equitable plaintiff, caused by the wrongful act and negligence of the defendant, as set forth in the declaration. The declaration, it will be seen, upon examination, contains the necessary facts to constitute a ground of action and to meet the legal requirements of this form of action. Its substantial averments are as follows: That on or about the 20th of June, 1916, the defendant, a body corporate, was by its agents and servants operating a motor truck on Baltimore street, near High street, in the City of Balti ⁷⁵ more, and the agents and servants of the defendant then and there negligently and carelessly caused the motor truck to run into' and against the infant, thereby inflicting upon her serious injuries, which caused her death, and that the injuries and her death were directly caused by the negligence and carelessness of the agents and servants of the defendant in charge of the operation of the motor truck, without negligence and carelessness on the part of the infant, directly contributing thereto, and thereby the mother of the equitable plaintiff has been and will he deprived of the services, labor and assistance of the child, to which she was legally entitled, and that the mother was also obliged to expend a sum of money for the burial of tbe infant child, and was thereby also caused other financial loss and damage. While this declaration contained all the essential and legal requirements necessary to constitute a good cause or ground of action, there was filed with it a bill of particulars, informing the defendant of the precise nature and extent of the suit.

It states'that the suit was brought by the mother of the deceased, whose father was dead, to recover compensation for damages, privations and losses resulting to her by reason of the death of her child, which was caused by the negligence and carelessness of the defendant’s agents and servants. The death occurred on the 23rd day of June, 1916, and was caused by injuries sustained by her through the carelessness and negligence of the agents and servants of the defendant, engaged in operating a motor truck on Baltimore street near High street, in the City of Baltimore, State of Maryland, the motor truck having been negligently and carelessly caused by the agents and servants of the defendant to run into and against the infant, who was at the time within a few days of the age of seven years. That Florence Denowitch was at the time in good health and was living with the equitable plaintiff, who, by reason of the wrongful act, neglect and default of the defendant, has been deprived of the support, maintenance, services, care and attention of the infant. The ⁷⁶