Baltimore & O.R. Co. v. Baugh

149 U.S. 368 (1893)

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Baltimore & O.R. Co. v. Baugh

United States Supreme Court
149 U.S. 368 (1893)

Facts

John Baugh (plaintiff) was the fireman on a Baltimore & O.R. Co. (B&O) (defendant) locomotive (the locomotive). As Baugh knew, B&O policy permitted helper locomotives to return to the yards only on the dispatcher’s special orders or by following a scheduled train. After helping a train, the locomotive’s engineer started back without special orders and not following a scheduled train. The locomotive and a train collided, causing Baugh to lose limbs. Baugh sued B&O in Ohio. B&O removed the case to federal court. The jury was instructed that B&O was liable if Baugh was injured because of the negligence of someone placed in authority over him. The jury found for Baugh. The Supreme Court granted review to consider whether Baugh and the engineer were fellow servants, which would preclude Baugh from recovering for the engineer’s negligence. Baugh argued that the engineer was not his fellow servant because Railroad Co. v. Ross held that a conductor was not a fellow servant of his subordinates on the train and a B&O rule provided that the engineer was to be regarded as the conductor in the conductor’s absence.

Rule of Law

Issue

Holding and Reasoning (Brewer, J.)

Dissent (Fuller, C.J.)

Dissent (Field, J.)

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