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Baltimore & Ohio R. Co. v. Berry, 286 U.S. 272 (1932)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Baltimore & Ohio R. Co. v. Berry, 286 U.S. 272 (1932)
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Baltimore & Ohio R. Co. v. Berry No. 703 Argued April 26, 1932 Decided May 16, 1932 286 U.S. 272
CERTIORARI TO THE SUPREME COURT OF MISSOURI
Syllabus
When a freight train stopped at night to await the throwing of a switch, the caboose, occupied by the conductor and the rear brakeman, was resting on a trestle. The conductor ordered the brakeman to get out and go ahead, to fix a hot-box in a forward car which had demanded attention earlier in the trip; but he did not require him to alight from the caboose, rather than from any of the other cars which were not in as dangerous a position. Taking his lantern, the brakeman stepped from the caboose, fell into a ravine and was hurt. It did not appear that either man knew that the caboose was on the trestle; their opportunities of observation were the same, and there was no evidence of any rule or practice making it the duty of a conductor to find safe landing places for trainmen before requiring them to alight. Held, that there was no evidence of any breach of duty by the railroad company, and that, if negligence was the cause of the accident, it was the negligence of the brakeman. P. 275.
43 S.W.2d 782 reversed.
Certiorari, 285 U.S. 532, to review a judgment sustaining a recovery from the railroad company in an action for personal injuries under the Federal Employers’ Liability Act.
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Chicago: U.S. Supreme Court, "Syllabus," Baltimore & Ohio R. Co. v. Berry, 286 U.S. 272 (1932) in 286 U.S. 272 286 U.S. 273. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=9FDT635XKKYFSV1.
MLA: U.S. Supreme Court. "Syllabus." Baltimore & Ohio R. Co. v. Berry, 286 U.S. 272 (1932), in 286 U.S. 272, page 286 U.S. 273. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9FDT635XKKYFSV1.
Harvard: U.S. Supreme Court, 'Syllabus' in Baltimore & Ohio R. Co. v. Berry, 286 U.S. 272 (1932). cited in 1932, 286 U.S. 272, pp.286 U.S. 273. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=9FDT635XKKYFSV1.
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