Baltimore & Ohio Railroad v. Rathbone
West Virginia Supreme Court
John C Rathbone brought an action of trespass on the case in assumpsit, against the Baltimore and Ohio Railroad, in Wood county, in May, 1868. The declaration contained four counts, the first of which charged that at the special instance and request of the defendant the plaintiff caused to be shipped on board of the cars of the defendant, 1128 barrels of petroleum oil at Parkersburg, West Virginia, and the defendant undertook to safely and securely transport the same by its…
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John C Rathbone brought an action of trespass on the case in assumpsit, against the Baltimore and Ohio Railroad, in Wood county, in May, 1868. The declaration contained four counts, the first of which charged that at the special instance and request of the defendant the plaintiff caused to be shipped on board of the cars of the defendant, 1128 barrels of petroleum oil at Parkersburg, West Virginia, and the defendant undertook to safely and securely transport the same by its road to Baltimore and from thence by the Philadelphia, Wilmington and Baltimore railroad, and the Camden and Amboy…
1Opinion of the Court
Berkshire, President,
delivered the opinion of the court.
The questions arising in this case involve the rights, duties and responsibilities of common carriers, and are, therefore, of the highest consequence, not only to that numerous and important class of persons, but also to the *106public at large, Being, therefore, required as we are, to settle and declare tbe law of tbe State relating to a subject of such general importance, it is to be regretted that so little aid can be derived from tbe source to which we would naturally turn for the most direct and satisfactory authority; I mean, of…
2Cited by12 opinions
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- James & Mitchell v. AdamsWest Virginia Supreme Court · 1875
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
- Brown v. Arams Express Co.West Virginia Supreme Court · 1879
- Kline v. McLainWest Virginia Supreme Court · 1889
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