Legal Opinion

Wonder v. Baltimore & Ohio Railroad

Court of Appeals of Maryland

Decided May 12, 1870PublishedCited by 74 opinions

Appeal from the Baltimore City Court. This was an action on the case brought by the appellant, a brakeman, to recover damages for an injury sustained by him while in the employ of the appellee.

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Appeal from the Baltimore City Court. This was an action on the case brought by the appellant, a brakeman, to recover damages for an injury sustained by him while in the employ of the appellee. The defendant pleaded not guilty, and thereon issue was joined. - Exception: The plaintiff asked the following instruction: If the jury shall find, from the evidence, that the defendant was the owner of a railroad track, and of certain cars which were drawn on said track by horses, and that the plaintiff was employed by the defendant to work in its service as brakeman on said cars, and that, while…

1Opinion of the CourtAlvey, J.

This is an action by an employó against his employer, to recover for an injury received while engaged in the work for which he was. employed, by reason of defective machinery that he was required to operate.

The plaintiff was a brakeman in the employ of the defendant, on one of its burden trains, and, while engaged in his ■work, he received the injury complained of, which was occasioned by an alleged defect in the brake to one of the cars that he was using in the regular course of his duty. The supposed defect consisted in the use of a hook instead of an eye-bolt on the brake, and in having…

2Cases cited5 opinions

  1. Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
  2. O'Connell v. Baltimore & Ohio R. R.Court of Appeals of Maryland · 1863
  3. Sherman v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
  4. Cumberland Coal & Iron Co. v. ScallyCourt of Appeals of Maryland · 1867
  5. Shauck v. Northern Central Railway Co.Court of Appeals of Maryland · 1866

3Cited by74 opinions

  1. Bryant v. Better Business Bureau of Greater Maryland, Inc.District Court, D. Maryland · 1996
  2. Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
  3. Griffin v. Acacia Life InsuranceDistrict of Columbia Court of Appeals · 2007
  4. Quincy Mining Co. v. KittsMichigan Supreme Court · 1879
  5. Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880

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