Robinson v. Baltimore & Ohio Railroad
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe pláintiff from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for personal injuries.
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Hearing on an appeal by tbe pláintiff from a judgment of tbe Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for personal injuries. Tbe Court in tbe opinion stated tbe facts as follows: Tbis suit was brought by appellant, George R. Robinson, in tbe supreme court of the District of Columbia against defendant, the Baltimore & Ohio Railroad Company, to recover damages for injuries sustained by plaintiff on April 10, 1910, while engaged in tbe performance of bis duties as a Pullman porter. At tbe time of tbe accident be was tbe porter in charge of a car…
1Opinion of the CourtJustice Van Orsdel
This appeal turns upon two questions:
First: Was plaintiff at the time of the injury an employee of defendant railroad company, and, as such, entitled to maintain his action under the provisions of the employers’ liability act of April 22, 1908 (35 Stat. at L. 65, chap. 149, U. S. Comp. Stat. Supp. 1911, p. 1322) ?
Second: Does the contract of employment between plaintiff and the Pullman Company constitute a bar to recovery against the railroad company ?
*174Section 1 of the act of 1908 provides: “That every common carrier by railroad while engaging in commerce between any of the several-States or…
2Cases cited7 opinions
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Denver & Rio Grande Railroad v. WhanSupreme Court of Colorado · 1907
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