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PHILA., BALT. & WASH. R.R. v. SCHUBERT

No. 549.

224 U.S. 603 (1912)

32 S.Ct. 589

56 L.Ed. 911

PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY v. SCHUBERT.

Supreme Court of United States.

Decided May 13, 1912.

Attorney(s) appearing for the Case

Mr. Frederic D. McKenney, with whom Mr. John Spalding Flannery and Mr. William Hitz were on the brief, for plaintiff in error.

Mr. John A. Kratz, Jr., with whom Mr. M.J. Fulton and Mr. Joseph W. Cox were on the brief, for defendant in error.

MR. JUSTICE HUGHES delivered the opinion of the court.

This action was brought by Schubert, the defendant in error, against the Philadelphia, Baltimore and Washington Railroad Company to recover damages for personal injuries. He received the injuries on May 13, 1908, while in its service as a brakeman within the District, and they were due to the negligence of a fellow-servant.

The company pleaded the general issue and in addition filed a special plea that...

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