Baltimore & Ohio Railroad v. Rodeheaver

This is an appeal from a judgment rendered in favor of the appellee for the death of Delpha H. Rodeheaver, killed when run over by appellant’s train in Oakland, Maryland. The suit was brought under the Federal Employers’ Liability Act, (the Act), it being alleged that he was engaged in interstate commerce at the time of the accident.

In September, 1948, the State Roads Commission of Maryland, (Commission), began repairs on the Oak Street bridge in Oakland, Maryland, and employed the firm of Lattimore Construction Company to do the work. In order to make these repairs it was necessary to…