Baltimore & O. R. v. Burris

Citations

• 111 F. 882
• 14 Ohio F. Dec. 182
• 1901 U.S. App. LEXIS 4442

Syllabus

<p>1. Railroads—Debts of Receivership—Order Requiring Assumption by Company.</p> <p>A railroad company allowed to resume possession of its property, which has been in the hands of receivers in a foreclosure suit, by an order of the court which reserved jurisdiction to adjudicate and settle all claims against the receivers, and required the company to pay all debts and claims which should be adjudged valid, by the acceptance of such condition becomes bound to pay such claims, and may properly be made defendant in a petition of intervention subsequently filed in the cause by a person injured through the alleged negligence of the receivers, and in such case the court will take judicial notice of the terms of its former order.</p> <p>2. Master and Servant—Defective Railroad Car—Proof of Negligence under Ohio Statute.</p> <p>By Bates’ Rev. St. Ohio, § 3365-21, the burden of proof of want of knowledge of a defect in any car or locomotive, and of due diligence to ascertain it, rests upon a railroad company, where it is shown that such defect existed, and that by reason thereof an employe was injured.</p> <p>3. Same—Rules of Railroad Company—Requiring Conductors to Inspect Oars.</p> <p>By a rule of a railroad company conductors of freight trains were required to be at the starting points of their trains at least 40 minutes before leaving timé, and, among other things, to see that their cars were in proper running order before starting. It was shown that the other duties imposed upon the conductors during such time were such as to require the greater portion of it. Held that, under a reasonable construction, the rule did not require a conductor to critically examine the several cars in his train, and the attachments thereto, with the particularity -which ' measured the duty of the company iself, but only that he should take a general survey of the train, and take notice whether, to all appearances, the- cars were in proper order, and remedy any defect discovered; and that th