Baltimore & Ohio Railroad v. Whitacre
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE STATE OF MARYLAND. The case is stated in the opinion.
1Opinion of the Court
Mr. Justice Brandéis
delivered the opinion of the court.
Whitacre, a freight train brakeman, while walking through a railroad yard on a dark and foggy , night, fell into a water cinder pit and was seriously injured. He brought suit under the Federal Employers’ Liability Act of April 22, 1908, c. 149, 35 Stat. 65, in a state court and recovered a verdict. Exceptions were taken to certain refusals to rule. The Court of Appeals of Maryland affirmed the judgment of the court below. 124 Maryland, 411.
It appeared at the trial that, although the pit was of modern construction and well adapted to the…
2Cases cited3 opinions
- Seaboard Air Line Railway v. PadgettSupreme Court of the United States · 1915
- Great Northern Railway Co. v. KnappSupreme Court of the United States · 1916
- Baltimore & Ohio R. R. v. WhitacreCourt of Appeals of Maryland · 1915
3Cited by30 opinions
- Philadelphia & R. Ry. Co. v. MarlandCourt of Appeals for the Third Circuit · 1917
- American Express Co. v. United States Horse Shoe Co.Supreme Court of the United States · 1917
- Fleming v. Prince George's CountyCourt of Appeals of Maryland · 1976
- CHICAGO, M., ST. P. & PR CO. v. KaneCourt of Appeals for the Ninth Circuit · 1929
- Haskins v. Southern Pacific Co.California Court of Appeal · 1934
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