Columbus & Toledo Ry. Co. v. O'Brien
Seneca Circuit Court
Error to the Court of Common Pleas of Seneca county. Sarah O’Brien, as administratrix of the estate of Patrick O’Brien, deceased, sued the railroad company for damages for negligently causing the death of said Patrick O’Brien. The case was reviewed in the name of Alonzo Emerine, administrator de bonis non. The railroad company denied all negligence on its part, and claimed that O’Brien was guilty of contributory negligence.
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Error to the Court of Common Pleas of Seneca county. Sarah O’Brien, as administratrix of the estate of Patrick O’Brien, deceased, sued the railroad company for damages for negligently causing the death of said Patrick O’Brien. The case was reviewed in the name of Alonzo Emerine, administrator de bonis non. The railroad company denied all negligence on its part, and claimed that O’Brien was guilty of contributory negligence. For further defense it was claimed that if O’Brien’s death was caused'by the negligence of the servants of the railroad company, they were the fellow-servants of O’Brien,…
1Opinion of the CourtBeer, J.
Patrick O’Brien lived in Fostoria, through which city the railroad of the plaintiff in error runs north and south from Toledo to Columbus. Fremont street runs east and west, crossing the track at nearly right angles. O’Brien lived on Fremont street a few doors east of the railroad crossing. O’Brien was in the employ of the railroad company at $45.00 a month as a section boss. He and his gang of men were taken to Walbridge, near Toledo, on a construction train to repair a bridge which had been damaged by high water. In the evening he and his men returned to Fostoria on the same train, the…
2Cases cited4 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Baltimore & Ohio Railroad v. State ex rel. TrainorCourt of Appeals of Maryland · 1871
- State ex rel. Abell v. Western Maryland RailroadCourt of Appeals of Maryland · 1885
- Russell v. Hudson River RailroadThe Superior Court of New York City · 1855