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B. & O. RAILROAD v. BAUGH

No. 89.

149 U.S. 368 (1893)

13 S.Ct. 914

37 L.Ed. 772

BALTIMORE AND OHIO RAILROAD COMPANY, v. BAUGH.

Supreme Court of United States.

Decided May 1, 1893.

Attorney(s) appearing for the Case

Mr. John K. Cowen, (with whom was Mr. Hugh L. Bond, Jr., on the brief,) for plaintiff in error.

Mr. L. Danford, (with whom was Mr. James C. Tallman on the brief,) for defendant in error.

MR. JUSTICE BREWER delivered the opinion of the court.

The single question presented for our determination is, whether the engineer and fireman of this locomotive, running alone and without any train attached, were 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.

This is not a question of local law, to be settled by an examination merely of the decisions of the...

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