Legal Opinion

O'Connell v. Baltimore & Ohio R. R.

Court of Appeals of Maryland

Decided October 28, 1863PublishedCited by 23 opinions

Appeal from the Superior Court of Baltimore City : This was an action brought by the appellant against the appellee, on the 11th of May 1858, in the Superior Court ,of Baltimore City, to recover damages for an injury sustained by him while riding upon the cars of the Balto. & Ohio R. R. Co., from one point to another of their road in the performance of his duties as laborer, in which capacity he was employed by the company.

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Appeal from the Superior Court of Baltimore City : This was an action brought by the appellant against the appellee, on the 11th of May 1858, in the Superior Court ,of Baltimore City, to recover damages for an injury sustained by him while riding upon the cars of the Balto. & Ohio R. R. Co., from one point to another of their road in the performance of his duties as laborer, in which capacity he was employed by the company. The pleadings in the canse are set out in the opinion of this Court. Exception. At the trial of the cause the plaintiff proved that on th© 1th of September 1851, being in…

1Opinion of the CourtGrOLDSBOROuaH, J.

Court:

The action in this case was instituted by the appellant against the appellee in the Superior Court of Baltimore *219City, to recover damages for an injury sustained by him while in the appellee’s employment. It is alleged in the declaration that whilst the appellant was engaged in his work as an employee, without any neglect or carelessness ou his part, but through the carelessless of another employee over whom the appellant had no control, a dumping or gravel car of the appellee was upset and fell upon the appellant, and he was permanently injured. That the car on which he was riding, was…

2Cases cited1 opinion

  1. Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862

3Cited by23 opinions

  1. Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
  2. Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
  3. McCall's Ferry Power Co. v. PriceCourt of Appeals of Maryland · 1908
  4. Baltimore & Ohio Railroad v. StrickerCourt of Appeals of Maryland · 1879
  5. Baltimore & Ohio Railroad v. StateCourt of Appeals of Maryland · 1875

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