Baltimore & O. R. v. Robertson

TUTTEE, District Judge.

This was an action for the recovery of damages alleged to have been sustained by defendant in error (the-plaintiff below, and hereinafter called plaintiff), while em'ployed by the plaintiff in error (the defendant below, and hereinafter called defendant) as a watchman, as a result of being struck by a passenger train operated by the defendant. Plaintiff is a citizen of Ohio, and defendant is a Maryland corporation engaged in operating a common carrier railroad in interstate commerce. The trial court denied a motion of defendant for a directed verdict, and submitted the…