Baltimore & Ohio Railroad v. Baugh
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. John Baugh,, defendant in error, was employed as a fireman on a locomotive of the plaintiff in error, and while so employed was injured, as is claimed, through the negligence of the engineer in charge thereof. He commenced a suit to recover for these injuries in the Circuit Court of the United States for .the Southern District of Ohio.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. John Baugh,, defendant in error, was employed as a fireman on a locomotive of the plaintiff in error, and while so employed was injured, as is claimed, through the negligence of the engineer in charge thereof. He commenced a suit to recover for these injuries in the Circuit Court of the United States for .the Southern District of Ohio. The circumstances of the injury were these: The locomotive was manned by one Hite, as engineer, and Baugh, as fireman, and was what is called in the testimony a “ helper.” On May…
1Opinion of the CourtJustice Brewer
The single qhestion presented for' our determination is, whether the engineer and fireman of this locomotive, running alone and without any train attached, were fellow-servants of the company, so as to preclude the latter from recovering from the company for injuries caused by the negligence of the former.
This is not a question of local law, to be settled by an examination merely of the decisions of, the Supreme Court of Ohio, the State in which the cause óf action arose, and in which the suit was brought, but rather one of general law, to be determined by a reference to all the authorities,…
2Cases cited17 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
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3Cited by341 opinions
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- Second Employers'liability CasesSupreme Court of the United States · 1912
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