B. & O.R.R. CO. v. RODEHEAVER

[No. 142, October Term, 1950.]

197 Md. 632 (1951)

81 A.2d 63

BALTIMORE & OHIO RAILROAD COMPANY v. RODEHEAVER, ADMINISTRATOR

Court of Appeals of Maryland.

Decided May 17, 1951.


Attorney(s) appearing for the Case

E. Stuart Bushong and Irvine H. Rutledge, with whom were William R. Offutt and Lane, Bushong & Byron on the brief, for the appellant.

Walter W. Dawson and Neil C. Fraley for the appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.


COLLINS, J., delivered the opinion of the Court.

This is an appeal from a judgment rendered in favor of the appellee for the death of Delpha H. Rodeheaver, killed when run over by appellant's train in Oakland, Maryland. The suit was brought under the Federal Employers' Liability Act, (the Act), it being alleged that he was engaged in interstate commerce at the time of the accident.

In September, 1948, the State Roads Commission of Maryland, (Commission), began...

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