Baltimore & Ohio Southwestern Railroad v. McOsker
Indiana Court of Appeals
From Scott Circuit Court; Joseph H. Shea, Judge. Action by Jerry McOsker, as administrator of the estate of William McOsker, deceased, against the Baltimore and Ohio Southwestern Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtComstock, P. J.
1. The amended complaint on which the issues were formed avers, in substance, that on December 30, 1905, William MeOsker, the decedent, was in the employ of appellant as head brakeman on a freight-train leaving North Yernon, Indiana, going west; that his duties required him to ride in the cab of the engine, and to observe the rear of the train at all times; that west of North *257Vernon there is a deep cut under a bridge on a public highAvay; that said bridge was built and maintained by appellant; that it was negligently constructed, because the iron posts on the north side were four feet, nine…
2Cases cited17 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
- Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
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3Cited by2 opinions
- Pennsylvania R. Co. v. Johnson, Admx.Indiana Court of Appeals · 1929
- McDougall v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1920