Northern Central Railway v. Ward

Yellott, J., delivered the opinion of the Oourt. Against the appellant, as defendant, an action was instituted by the appellee, who, as plaintiff, in her declaration averred that three colts belonging to her were negligently killed by the agents of the defendant in charge of a train of cars on its railroad. A road, used as a thoroughfare, extended along the west side of the railway, and on the morning when the accident occurred the colts were being driven from a watering place on the west side of said railway to a crossing, so as to be placed in a lot used for pasturage on the east. The .plaintiff offered evidence tending to show that these animals were killed in consequence of the defendant’s agents neglecting to intimate the approach of the train by giving the usual signal at the proper point on the road.

There was proof in apparent conflict with this evidence adduced by the defendant. The record discloses a case proper for the determi ³⁶⁷ nation of a jury, enlightened hy the instructions of the Court in relation to the legal principles applicable to the facts elicited by the investigation. This controversy is governed and controlled by the provisions of Article 77, section 1, of the Code of Public General Laws. This Court has so construed the statute that there can now be no doubt that in all such cases as this, negligence must be imputed to the company defendant, and the onus probandi in negation of this imputation, is on saidrcompany, and it must show that the injury complained of resulted from a disaster which could not have been avoided by the use of proper care and diligence, and that such proper care and diligence had been observed by its agents.

Balto. & Ohio R. R. Co. vs. Mulligan, 45 Md., 486 ; West. Md. R. R. Co. vs. Carter, 59 Md., 306 . The effect of the statute is to relieve the plaintiff from the obligation which the common law imposes. It is no longer incumbent on him, in the opening of his case, to show affirmatively the negligence of the defendant.

The duty rests on the defendant to supply proper and adequate proof in rebuttal of the presumption of negligence. In other words, it must be assumed that the injury sustained was caused by the defendant’s negligence, in the absence of satisfactory and sufficient proof to the contrary. The defendant may supply this proof by showing a state of facts demonstrating care and caution on the part of its agents; and it-may also show.that the accident resulted from negligence on the part of the plaintiff. In the cases just cited, this Court decided that a plaintiff may have allowed his stock to stray at large,