Mad River & Lake Erie Railroad v. Barber
Ohio Supreme Court
This is a petition in error to reverse the judgment of the District Court of Seneca county. In February, 1855, Barber filed a petition in the court of common pleas of Seneca county, against the railroad company, in which he alleges: “ That on the 28th day of December, A. D. 1852, he was in the employ of the said defendant, the said Mad River and Lake Erie Railroad Company, as the conductor of a freight train of cars'running between Sandusky City and Kenton, Ohio, on the…
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This is a petition in error to reverse the judgment of the District Court of Seneca county. In February, 1855, Barber filed a petition in the court of common pleas of Seneca county, against the railroad company, in which he alleges: “ That on the 28th day of December, A. D. 1852, he was in the employ of the said defendant, the said Mad River and Lake Erie Railroad Company, as the conductor of a freight train of cars'running between Sandusky City and Kenton, Ohio, on the track of said defendant’s road. That while he was so in the employ of said defendant, and on the day and year aforesaid, the…
1Opinion of the CourtBartley, C. J.
The judgment sought to be reversed was recovered in the district court by Barber, the defendant in error, for an injury received by him while employed and acting as the conductor of a train of freight cars on the railroad of the plaintiff in error. The alleged ground of the company’s liability was :
1st. Failure and neglect to provide the train with the necessary number of hands to manage and control the same ; and
2d. Failure and neglect to furnish the train with necessary, suitable and safe'machinery for running and managing the same; and for negligently and wrongfully furnishing the train…
2Cited by69 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Camp Point Manufacturing Co. v. BallouIllinois Supreme Court · 1874
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
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