Legal Opinion

Brabham v. Baltimore & O. R.

Court of Appeals for the Fourth Circuit

Decided November 5, 1914No. 1253PublishedCited by 7 opinions

In Error to the District Court of the United States for the Northern District of West Virginia, at Parkersburg; Alston G. Dayton, Judge. Action by Leonard W. Brabham, administrator of Raymond H. Brabham, deceased, against the Baltimore & Ohio Railroad Company. Judgment for plaintiff for insufficient damages, and he brings error.

1Opinion of the Court

PRITCHARD, Circuit Judge.

This is an action in trespass on the case, brought under the federal Employers’ Liability Act for wrong*36ful death. On December 27, 1910, Raymond H. Brabham, an unmarried adult, a son of Leonard W. and Mary A. Brabham, was employed as a fireman on a locomotive drawing a train of freight cars on the Ohio River division of the defendant, in the state of West Virginia, and on that day was killed in a collision, which collision was the result of the negligence of the employés of the defendant, other than Raymond H. Brabham. After the death of Raymond H. Brabham, the father,…

2Cases cited11 opinions

  1. Terry v. . JewettNew York Court of Appeals · 1879
  2. Harding v. Town of TownsendSupreme Court of Vermont · 1871
  3. Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
  4. Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
  5. Illinois Central Railroad v. PrickettIllinois Supreme Court · 1904

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3Cited by7 opinions

  1. United States v. William H. Price, Jr.Court of Appeals for the Fourth Circuit · 1961
  2. Majestic v. Louisville & NR Co.Court of Appeals for the Sixth Circuit · 1945
  3. McCarthy v. PalmerDistrict Court, E.D. New York · 1939
  4. John N. Kenney v. Samuel C. ListonWest Virginia Supreme Court · 2014
  5. S. H. Kress Co. v. Bullock Shoe Co.Court of Appeals for the Fifth Circuit · 1932

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