Baltimore & Ohio Railroad v. Branson

Burke, J., filed the following memorandum overruling the motion to remand. This case came first to this Court upon an appeal by the Baltimore and Ohio- Eailroad Company from a judgment entered against it in the Circuit Court for Allegany County in favor of David Branson. The Court on May 17, 1916, affirmed the judgment. B. & O. R. R. Co. v. Branson, 128 Md. 678 .

The case was then taken by the Baltimore and Ohio1 Eailroad Company upon writ of error to the Supreme Court of the United States and that Court reversed the judgment and remanded the cause to this Court for further proceedings. The Supreme Court filed no opinion, hut contented itself by entering upon its records the following notation, viz: “Judgment reversed, with costs, upon the authority of Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439 ; Shanks v. Delaware, Lackawana & Western R. R. Co., 239 U. S. 556 ; Chicago, Burlington & Quincy R. R. Co. v. Harrington, 241 U. S. 177 -180; Minneapolis & St. Louis R. R. Co. v. Winters, (ante p).” * The mandate from that Court was received and filed in this. Court on March 22, 1917. The plaintiff below (David Branson) filed an application in this Court asking that the case be remanded to the Circuit Court for Allegany County for retrial upon an amended declaration.

This application was overruled by this Court by an order dated May 9th, 1917. The object of this memorandum is to state briefly the reason for denying the motion. The suit was brought under the Federal Employers’ Liability Act, approved April 22, 1908. † That Act created a new' ⁶⁸⁸ cause of action, and in all eases falling within its provisions it furnishes an exclusive remedy and supersedes the State laws. Second Employers’ Liability cases, 223 U. S. 1 ; St. Louis, San Francisco and Texas Ry.

Co. v.