Baltimore & Potomac Railroad v. Cumberland
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an .action begun in the Supreme Court of the District of Columbia by the plaintiff Cumberland, suing by his next friend, against the Baltimore and Potomac Railroad Company, to recover damages for personal injuries inflicted upon him by the alleged negligence of the defendant company.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was an .action begun in the Supreme Court of the District of Columbia by the plaintiff Cumberland, suing by his next friend, against the Baltimore and Potomac Railroad Company, to recover damages for personal injuries inflicted upon him by the alleged negligence of the defendant company. The undisputed facts were that the plaintiff, who was twelve years and four months of age at the time of the accident, was a street lamplighter by occupation, and for more than a year prior thereto had been engaged, under his father’s direction,…
1Opinion of the CourtJustice Brown
Upon the trial the court left it to the jury to say whether the defendant'was guilty of negligence in either of four particulars : (1) In failing to protect the tracks by a fence at the point where the accident occurred; (2) in failing to' provide a proper light to give warning of the approach of the train ; (3) the distance passed over by the train after it struck thé plaintiff and before it was brought to a stop, .as bearing upon the question of speed; (4) and whether the persons' in charge of the engine were keeping a proper lookout. These' questions were all left to the jury, and…
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