Legal Opinion

Martin v. Baltimore & O. R. Co.

U.S. Circuit Court for the District of West Virginia

Decided October 18, 1889PublishedCited by 9 opinions

At Law. Action to recover damages for an injury alleged to have been caused on the 22d of May, 1887, at Bay View station, in Baltimore county, Md., by negligence of defendant’s servants.

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At Law. Action to recover damages for an injury alleged to have been caused on the 22d of May, 1887, at Bay View station, in Baltimore county, Md., by negligence of defendant’s servants. The plaintiff was in the employment of the defendant in its telegraph department at the time of the accident, and had been in that service from the 19th day of November, 1886, and on the day of the accident was in the camp train at Bay View, on his way, with the other men in that service, to Chester, Pa. The camp cars in which the plaintiff was housed were on a track in the railroad yard, and were run into by…

1Opinion of the Court

Bond, J.,

(charging jury.) 1. If the jury find from the evidence that the plaintiff was an employe of the railroad company, defendant, on the 22d day of May, 1887, and at the time of his injury was standing on the platform of a car in which he was housed as such employe, and that by reason of some negligence on the part of other employes of the railroad company a train ran into the camp car on which the complainant was so housed and transported, and that he himself was not in the car, but on the platform between the cook and sleeping car, sitting on the brake-wheel, the jury are instructed…

2Cited by9 opinions

  1. King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
  2. Kansas City, Memphis & Birmingham Railroad v. WillifordTennessee Supreme Court · 1905
  3. Shaver v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1896
  4. Otis v. Pennsylvania Co.U.S. Circuit Court for the District of Indiana · 1896
  5. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. v. CarmodyCourt of Appeals of Kentucky · 1920

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