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B. & O.S.W.R.R. v. BURTCH

No. 115.

263 U.S. 540 (1924)

BALTIMORE & OHIO SOUTHWESTERN RAILROAD COMPANY v. BURTCH, ADMINISTRATRIX OF BURTCH.

Supreme Court of United States.

Decided January 7, 1924.

Attorney(s) appearing for the Case

Mr. William A. Eggers, with whom Mr. Morison R. Waite, Mr. Harry R. McMullen and Mr. Cassius W. McMullen were on the briefs, for petitioner.

Mr. Oscar H. Montgomery, with whom Mr. T. Harlan Montgomery, Mr. Merrill Moores and Mr. Wm. J. Hughes were on the brief, for respondent.

Mr. Justices Sutherland delivered the opinion of the Court.

This is an action brought by Guerney O. Burtch against the Railroad Company to recover damages for a personal injury suffered, as a result of the company's negligence, while he was engaged in assisting to unload a heavy ensilage cutter from a freight train at Commiskey, Indiana. After the allowance of the writ of certiorari; Burtch died and his administratrix was...

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