Chesapeake & Ohio Railway Co. v. Howard

Citations

• 178 U.S. 153
• 20 S. Ct. 880
• 44 L. Ed. 1015
• 1900 U.S. LEXIS 1664

Syllabus

<p>The wife of the defendant in error, while travelling from Louisville to Washington on a through ticket, in a car of the plaintiff in error, and on a train conducted by his agents, was run off the track and down a bank in consequence of the weakness of a wheel which might have been known, and suffered a serious and lasting injury, for which an action was brought to recover compensation. The defence set up that at the time the accident happened the train was managed by a Connecticut company to whom the road had been leased. Held, that that fact would not bar a recovery; that if notwithstanding the execution of the lease the plaintiff in error, through its agents and servants, managed and conducted and controlled the train to which the accident happened, it would be responsible for that accident.</p>