Legal Opinion

Long v. Union Pacific R. Co

Court of Appeals for the Tenth Circuit

Decided November 1, 1951No. 4269_1PublishedCited by 7 opinions

1Opinion of the Court

MURRAH, Circuit Judge.

This is an appeal from a defendant’s judgment in the United States District Court of Kansas, in a personal injury suit brought by an employee of the Union Pacific Railroad under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq. At the conclusion of the plaintiff’s evidence the court sustained the Railroad’s motion for a directed verdict on the grounds that plaintiff, relying upon res ipsa loquitur, had failed to prove his case.

Appellant was employed as a carman by the Union Pacific Railroad and on the date of the accident had been sent by the appel-lee, with…

2Cases cited5 opinions

  1. Wilkerson v. McCarthySupreme Court of the United States · 1949
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. Jesionowski v. Boston & Maine RailroadSupreme Court of the United States · 1947
  4. Atchison, T. & S. F. Ry. Co. v. SimmonsCourt of Appeals for the Tenth Circuit · 1946
  5. The Rocona v. Guy F. Atkinson Co.Court of Appeals for the Ninth Circuit · 1949

3Cited by7 opinions

  1. The Union Pacific Railroad Company v. H. B. Ward, Doing Business as Ward Transport ServiceCourt of Appeals for the Tenth Circuit · 1956
  2. Wilson v. BaileyCourt of Appeals for the Tenth Circuit · 1958
  3. J. C. Penney Company, a Corporation v. Leonard O'Daniell and Opal O'daniell, Husband and WifeCourt of Appeals for the Tenth Circuit · 1959
  4. Magnolia Petroleum Co. v. PowellCourt of Appeals for the Tenth Circuit · 1953
  5. P. v. Murray v. The Denver and Rio Grande Western Railroad Company, a CorporationCourt of Appeals for the Tenth Circuit · 1956

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