Maslin v. B. & O. R. R.
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of Mineral county, rendered on the 18th day of May, 1876, in am acfcioii therein pending, in which Thomas Maslin was plaintiff and the Baltimore ami Ohio Railroad Company was defendant, allowed on the petition of the defendant. Hon. John Blair Hoge,judge of the third judicial cir- . cuit, rendered the judgment complained of.
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Supersedeas to a judgment of the circuit court of Mineral county, rendered on the 18th day of May, 1876, in am acfcioii therein pending, in which Thomas Maslin was plaintiff and the Baltimore ami Ohio Railroad Company was defendant, allowed on the petition of the defendant. Hon. John Blair Hoge,judge of the third judicial cir- . cuit, rendered the judgment complained of. Gjreen, President, furnishes the billowing statement of the case: Tn February, 1870, Thomas Maslin brought an action of trespass on the case against the Baltimore and Ohio Railroad Co., in the circuit court of Mineral county.…
1Opinion of the Court
Green, PRESIDENT,
delivered the opinion of the Court:
The enquiries presented to our consideration by the record in this case are : First, whether a railroad company is a common carrier of cattle; and if so, what are its duties and responsibilities as such ? Second, can these duties and responsibilities be modified by special contract ; and if so, to what extent ?
At common law a common carrier is one, who undertakes for hire to carry from place to place the goods of all persons indifferently. Gisbourn v. Hurst, 1 Salk. 249 ; Hale v. The New Jersey Steam Navigation Company, 15 Conn. 539; Elliott…
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