Anderson v. Baltimore & Ohio Railroad

LyNCh, Judge:

The answer to the question, who is directly responsible for the injury to plaintiff’s property, solves the only important inquiry presented on this writ of error.

The declaration avers that the railroad company, as a common carrier and as operator of a spur track or switch from its main line to a coal mine, furnished the coal company a car, which, because of defective brakes, escaped from its employees, ran down an incline, and collided with and injured plaintiff’s wagon and team. The defect alleged was want of a brake on the colliding car sufficient to enable the employees of the…