Baltimore & Ohio Railroad v. State ex rel. Wiley

This suit was brought in the name of the State, for the use of Lucy A. Wiley and others, to recover damages for the death of William H. Wiley, husband and father of the equitable plaintiffs, occasioned by collision of appellant’s trains, going in opposite directions. The negligence of the appellant’s officers is conceded, and appellant relies wholly on what it claims to have been contributory negligence on the part of the deceased, as its defence to the action.

The deceased was chief postal clerk in the United States railway mail service. He held what is known as a “photograph commission” from…