Legal Opinion

Central Railroad Company v. Keegan

Supreme Court of the United States

Decided December 23, 1895No. 373PublishedCited by 62 opinions

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOE THE SECOND CIRCUIT. The action below was brought by Keegan to recover damages for personal injuries sustained while acting as brakeman in the employ of the railroad company. Judgment having been rendered upon the verdict of a jury, in favor of Keegan, the company sued out a writ of error from the Circuit Court of Appeals for the Second Circuit.

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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOE THE SECOND CIRCUIT. The action below was brought by Keegan to recover damages for personal injuries sustained while acting as brakeman in the employ of the railroad company. Judgment having been rendered upon the verdict of a jury, in favor of Keegan, the company sued out a writ of error from the Circuit Court of Appeals for the Second Circuit. Two circuit judges, sitting as the court, differed in opinion upon questions of law arising, and thereupon certified two questions to this court. The certificate sets forth the following statement of…

1Opinion of the Court

Mk. Justice White,

after stating the case, delivered the opinion of the court.

We held in Baltimore & Ohio Railroad Company v. Baugh, 149 U. S. 368, than an engineer and fireman of a locomotive engine running alone on a railroad, without any train attached, when engaged on such duty, were fellow-servants of the railroad company, hence that the fireman was precluded from recovering damages from the company for injuries caused, during the running, by the negligence of the engineer. In that case it was declared that: “Prima facie, all who enter the employment of a single master are engaged in a…

2Cases cited2 opinions

  1. Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
  2. Potter v. New York Central & Hudson River RailroadNew York Court of Appeals · 1892

3Cited by62 opinions

  1. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  2. New England Railroad v. ConroySupreme Court of the United States · 1899
  3. Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
  4. Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
  5. Alaska Treadwell Gold Min. Co. v. WhelanSupreme Court of the United States · 1897

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