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BALTIMORE & OHIO R.R. CO. v. WHITACRE

No. 71.

242 U.S. 169 (1916)

BALTIMORE & OHIO RAILROAD COMPANY v. WHITACRE.

Supreme Court of United States.

Decided December 4, 1916.

Attorney(s) appearing for the Case

Mr. Duncan K. Brent and Mr. George A. Pearre, with whom Mr. A. Hunter Boyd, Jr., and Mr. Geo. E. Hamilton were on the brief, for plaintiff in error.

Mr. Frank A. Perdew and Mr. Albert A. Doub for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

Whitacre, a freight train brakeman, while walking through a railroad yard on a dark and foggy night, fell into a water cinder pit and was seriously injured. He brought suit under the Federal Employers' Liability Act of April 22, 1908, c. 149, 35 Stat. 65, in a state court and recovered a verdict. Exceptions were taken to certain refusals to rule. The Court of Appeals of Maryland affirmed the judgment of the...

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