Baltimore & Ohio R. R. v. Whitacre
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. .(Henderson and Keedy, JJ.) The plaintiff, a brakeman on the R & O. B. B., was permanently injured by falling in a cinder pit in one of the •company’s railroad yards,—while going across the yard at night for a drinking cup', for the use of the engine crew of a train being prepared to engage in interstate commerce; the verdict was for $5,300, and the defendant appealed.
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Appeal from the Circuit Court for Washington County. .(Henderson and Keedy, JJ.) The plaintiff, a brakeman on the R & O. B. B., was permanently injured by falling in a cinder pit in one of the •company’s railroad yards,—while going across the yard at night for a drinking cup', for the use of the engine crew of a train being prepared to engage in interstate commerce; the verdict was for $5,300, and the defendant appealed. Plaintiffs First Prayer—-The plaintiff by his counsel, prays the Court to instruct the jury that if they find from the evidence that the defendant, the Baltimore and Ohio…
1Opinion of the CourtStockbridge, J.
This Court is now called upon, for the first time, to apply in an action to recover for personal injury the provisions of the Act of Congress of April 22nd, 1908, Chap; 149, entitled “An Act Relating to the Liability of Common Carriers by Railroad to Their Employees in Certain Oases.” The special importance lies in the fact that under that Act the established rules of the common law with regard to' contributory negli gence, negligence of a fellow-servant and. assumption of risk were radically modified.
The ease presented brings up' for review the rulings of the trial Court upon demurrers to…
2Cases cited5 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- Southern Railway Co. v. CrockettSupreme Court of the United States · 1914
- Wood v. HeigesCourt of Appeals of Maryland · 1896
3Cited by28 opinions
- Wosoba v. KenyonSupreme Court of Iowa · 1932
- Sun Cab Co. v. WalstonCourt of Special Appeals of Maryland · 1972
- Baltimore & Ohio Railroad v. WhitacreSupreme Court of the United States · 1916
- Fleming v. Prince George's CountyCourt of Appeals of Maryland · 1976
- Baltimore Transit Co. v. WorthCourt of Appeals of Maryland · 1947
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