Baltimore & Ohio Railroad v. Baugh

Citations

• 149 U.S. 368
• 13 S. Ct. 914
• 37 L. Ed. 772
• 1893 U.S. LEXIS 2312

Syllabus

<p>Whether the engineer and fireman of a locomotive engine, running alone on a railroad and without any train attached, are fellow-servants of the company, so as to preclude the latter from recovering from the company for injuries caused by the negligence of the former, is not a question of local law, -to be settled by the decisions of the highest court of the State in which a cause of action arises, but is one of general law, to be determined by a reference to all the authorities, and a consideration of the principles underlying the relations of master and servant.</p> <p>Such engineer and such fireman, when engaged on such duty are, when so-considered, fellow-servants of the railroad company, and the fireman is precluded by principles of general law from recovering damages from the company for injuries caused, during the running, by the negligence of the engineer.</p> <p>Chicago, Milwaukee & St. Paul Railway v. Ross, 112 U. S. 377, explained and distinguished.</p>