New England Railroad v. Conroy
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This was an action against a railroad corporation by a brakeman in its employ to recover damages for a personal injury caused by the negligence of the conductor of one of its trains.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT. This was an action against a railroad corporation by a brakeman in its employ to recover damages for a personal injury caused by the negligence of the conductor of one of its trains. The facts in this case, as stated in the certificate of the Circuit Court of Appeals, were as follows: “ On the fifteenth day of December, 1894, a freight train of the defendant company, drawn by a steam locomotive, and carrying an engineer, a fireman, three brakemen and a conductor, set out from Worcester, in the Commonwealth of Massachusetts,…
1Opinion of the CourtJustice Shiras
It may be doubted whether the questions of law presented to us are really raised by the facts as certified. No facts are stated from which the jury might have found that, at the *327time and place of the accident, there was any special reason why the brakemen should have been ordered by the conductor to take their places at the brakes, and therefore it is by no means evident that there was any dereliction of duty on the part of the conductor.
Nor is it clear that the negligence of the conductor, if negligence it was, in permitting the brakemen to ride in the caboose, was the proximate cause of…
2Cases cited16 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
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3Cited by93 opinions
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- Peterson v. Seattle Traction Co.Washington Supreme Court · 1900
- Northern Pacific Railway Co. v. DixonSupreme Court of the United States · 1904
- James Stewart & Co. v. NewbyCourt of Appeals for the Fourth Circuit · 1920
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