Legal Opinion

Baltimore & O. R. v. Newell

Court of Appeals for the Third Circuit

Decided June 10, 1912No. 27 (1,594)PublishedCited by 11 opinions

In Error to the District Court of the United States for the Western District of Pennsylvania. Action at law by Frank A. Newell against the Baltimore & Ohio Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

GRAY, Circuit Judge.

The defendant in error (hereinafter called the plaintiff) was for several years prior to May 6, 1909, employed by the Baltimore & Ohio Railroad Company, plaintiff in error (hereinafter called the defendant), in the capacity of a freight brakeman in the freight yards of the company, situate at Connellsvilie, Pa.

About 6 o’clock on the evening of the day last named, while the plaintiff was employed as a member of a shifting crew in said yards, it became necessary to shift cars onto a certain side track, a portion of which extended along a freight platform built in front of a…

2Cases cited2 opinions

  1. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  2. Harvey v. Texas & P. Ry. Co.Court of Appeals for the Fifth Circuit · 1909

3Cited by11 opinions

  1. Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
  2. Philadelphia & R. Ry. Co. v. BartschCourt of Appeals for the Third Circuit · 1925
  3. Pennsylvania Pulverizing Co. v. ButlerCourt of Appeals for the Third Circuit · 1932
  4. Hill v. Terminal Railroad Ass'n. of St. LouisSupreme Court of Missouri · 1948
  5. Ellis v. Union Pacific RailroadNebraska Supreme Court · 1945

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